Smith v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that intent is most often established by circumstantial evidence because an accused’s intent is “concealed within his own mind and can only be determined from his words, acts, and conduct” (cleaned up)
• highlighting acts or words directed at victim or third party can be found to provoke difficulty
• finding provocation requires, inter 7 The statute codifies the common law doctrine of provocation. Smith v. State, 965 S.W.2d 509, 513 (Tex. Crim. App. 1998
• providing that intent may be inferred from the surrounding circumstances
• highlighting acts or words directed at victim or third party can be found to provoke difficulty
• provoking the difficulty “acts as a limitation or total bar on a defendant’s right to self-defense”

Source: CourtListener parenthetical corpus (CC0).

Cited by

223 cases in this archive cite this case; the 20 most cited are listed.

• Castillo v. People
  Supreme Court of Colorado· 2018-06-25· cited 1,442×
• Brown v. State
  Court of Criminal Appeals of Texas· 2003-12-03· cited 467×
• Reeves, Gary Patrick
  Court of Criminal Appeals of Texas· 2013-09-18· cited 445×
• State v. Riley
  Washington Supreme Court· 1999-05-13· cited 162×
• Elizondo, Jose Guadalupe Rodriguez
  Court of Criminal Appeals of Texas· 2016-04-06· cited 97×
• Dobbins v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2007-05-10· cited 94×
• Kennedy v. State
  Court of Appeals of Texas· 2006-03-30· cited 77×
• Lavern v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2001-05-17· cited 53×
• White v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2001-06-27· cited 41×
• Romeo Hinojosa v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2014-05-07· cited 41×
• Causey v. State
  Wyoming Supreme Court· 2009-09-04· cited 32×
• Lincoln v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 2010-03-16· cited 30×
• Fink v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2003-04-09· cited 29×
• Louis v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2010-12-15· cited 26×
• Mendoza v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 2011-09-15· cited 24×
• Rodriguez v. State
  Court of Appeals of Texas· 2018-03-22· cited 24×
• Harrod v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 2006-10-19· cited 23×
• Nautilus Insurance Co. v. Steinberg
  Tex. App. Ct., 5th Dist. (Dallas)· 2010-08-16· cited 22×
• Victor Zavala, Jr. v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2011-11-01· cited 22×
• Telia D. Casel v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2011-07-07· cited 21×

Cites

14 cases in this archive are cited by this case.

• Hernandez v. State
  Court of Criminal Appeals of Texas· 1991-09-18· cited 613×
• Dyson v. State
  Court of Criminal Appeals of Texas· 1984-06-27· cited 203×
• Garcia v. State
  Court of Criminal Appeals of Texas· 1975-04-30· cited 71×
• Semaire v. State
  Court of Criminal Appeals of Texas· 1980-10-22· cited 61×
• Bennett v. State of Texas
  Court of Criminal Appeals of Texas· 1986-06-04· cited 54×
• Matthews v. State
  Court of Criminal Appeals of Texas· 1986-02-19· cited 50×
• Dirck v. State
  Court of Criminal Appeals of Texas· 1979-04-18· cited 31×
• Williamson v. State
  Court of Criminal Appeals of Texas· 1984-07-18· cited 25×
• Stanley v. State
  Court of Criminal Appeals of Texas· 1981-11-10· cited 24×
• Morrison v. State
  Court of Criminal Appeals of Texas· 1953-04-01· cited 14×
• Smith v. State
  Court of Criminal Appeals of Texas· 1951-02-07· cited 12×
• Hearne v. State
  Court of Criminal Appeals of Texas· 1946-01-30· cited 7×
• Wampler v. State
  Court of Criminal Appeals of Texas· 1950-12-20· cited 5×
• Smith v. State
  Court of Appeals of Texas· 1996-10-17· cited 5×