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.

• holding that trial court may consider “extraneous misconduct evidence” that is contained in presentence report when assessing punishment
• concluding that under the plain language of article 37.07, section 3(d), the Legislature placed no conditions upon the trial court in considering the contents of a PSI report
• concluding that under the plain language of article 37.07, section 3(d), the Legislature placed no conditions upon the trial court in considering the contents of a PSI report
• holding that due process is only limitation, requiring that there be evidence from some source from which it can be rationally inferred that defendant had criminal responsibility for extraneous misconduct
• holding that PSI must provide trial court with some basis for rational inferences
• concluding that a trial court could consider extraneous acts not proven beyond a reasonable doubt, if the PSI provided some basis from which the trial court could rationally infer that the defendant was responsible

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Stringer v. State
  Court of Criminal Appeals of Texas· 2010-04-14· cited 67×
• Donald v. State
  Court of Appeals of Texas· 2018-02-27· cited 40×
• Palomo v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2011-08-18· cited 37×
• State v. Hart
  Tex. App. Ct., 14th Dist. (Houston)· 2011-07-14· cited 30×
• James R. Thompson v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2012-03-01· cited 26×
• Sell v. State
  Court of Appeals of Texas· 2016-03-24· cited 19×
• Davis v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2010-06-29· cited 16×
• McClure v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2008-10-03· cited 13×
• Gary Carson v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2017-01-31· cited 12×
• Stringer v. State
  Court of Appeals of Texas· 2008-10-23· cited 11×
• Carlos Hernandez Camacho A/K/A Edgardo Alvarado-Camacho v. State
  Tex. App. Ct., 9th Dist. (Beaumont)· 2014-09-10
• Michael Edward Wysack v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2015-07-20
• Ysidro Rios Rivera v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2008-06-05
• Tabassum Anwar Bhimj v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2009-02-26
• Rafaela Davila v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2010-02-11
• Robin Luree Moody v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2007-10-25
• Francis William Stringer v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2008-10-23
• Alan Dean Outfleet v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2007-09-12
• Maurice Mitchell v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2001-11-01
• Charles Terrell McClure v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2008-10-03

Cites

27 cases in this archive are cited by this case; the 20 most cited are listed.

• Montgomery v. State
  Court of Criminal Appeals of Texas· 1991-06-19· cited 7,264×
• Hooper v. State
  Court of Criminal Appeals of Texas· 2007-01-31· cited 5,494×
• Old Chief v. United States
  Supreme Court· 1997-01-07· cited 2,913×
• Williams v. New York
  Supreme Court· 1949-06-06· cited 2,766×
• Huddleston v. United States
  Supreme Court· 1988-05-02· cited 2,215×
• Michelson v. United States
  Supreme Court· 1949-02-14· cited 1,808×
• Townsend v. Burke
  Supreme Court· 1948-06-14· cited 1,667×
• Jackson v. State
  Court of Criminal Appeals of Texas· 1984-11-21· cited 725×
• Mitchell v. State
  Court of Criminal Appeals of Texas· 1996-10-02· cited 515×
• Grunsfeld v. State
  Court of Criminal Appeals of Texas· 1992-10-28· cited 267×
• Ellison v. State
  Court of Criminal Appeals of Texas· 2006-09-13· cited 227×
• Murphy v. State
  Court of Criminal Appeals of Texas· 1989-06-21· cited 199×
• Nunez v. State
  Court of Criminal Appeals of Texas· 1978-05-10· cited 174×
• Fryer v. State
  Court of Criminal Appeals of Texas· 2002-01-30· cited 124×
• Whitelaw v. State
  Court of Criminal Appeals of Texas· 2000-10-11· cited 115×
• Brown v. State
  Court of Criminal Appeals of Texas· 1972-03-01· cited 80×
• Clay v. State
  Court of Criminal Appeals of Texas· 1975-02-05· cited 69×
• Tamminen v. State
  Court of Criminal Appeals of Texas· 1983-07-20· cited 69×
• McNeese v. State
  Court of Criminal Appeals of Texas· 1971-06-02· cited 39×
• Lee v. State
  Court of Criminal Appeals of Texas· 1974-02-20· cited 37×