State v. Duke

How courts have described this case

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

• holding that State was not required to allege the specific overt act when charging a defendant with engaging by commission rather than conspiracy
• concluding there was no overt act requirement when the indictment alleged the defendants had committed the illegal act
• concluding overt act allegation in indictment for engaging in organized criminal activity was not required when the indictment alleged the defendants had committed the illegal act
• stating that when an allegation of engaging in organized criminal activity is based on a conspiracy to commit one of the underlying offenses, proof of the defendant's performance of an overt act is required
• reversing order granting motion to quash
• reversing order granting motion to quash

Source: CourtListener parenthetical corpus (CC0).

Cited by

18 cases in this archive cite this case.

• O'Brien v. State
  Court of Criminal Appeals of Texas· 2018-05-02· cited 55×
• Crum v. State
  Tex. App. Ct., 14th Dist. (Houston)· 1997-04-24· cited 47×
• Jesseca Bain Carson v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2013-02-01· cited 15×
• State v. Rivera
  Court of Appeals of Texas· 2001-03-22· cited 14×
• Gemoets v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2001-08-09· cited 13×
• McLaren v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 1999-08-26· cited 12×
• Tan Kien Tu v. State
  Court of Appeals of Texas· 2001-08-09· cited 12×
• Penelope Frey v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 1999-03-25
• Warren Andrew Confer v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2005-04-14
• Shane Allen Saunders v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2006-08-18
• Matthew Shane Cox v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2008-05-15
• AVE, Inc. and John Coil v. Comal County, Texas
  Tex. App. Ct., 3rd Dist. (Austin)· 2008-05-15
• Shane Allen Saunders v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2008-05-08
• in the Interest of Samuel Robert Kahn a Child
  Tex. App. Ct., 7th Dist. (Amarillo)· 2002-04-15
• Larry L. Posey v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2005-03-25
• Castillo, Felipe T. v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 2003-07-17
• Jose Esquivel v. State
  Tex. App. Ct., 13th Dist.· 2005-08-31
• Abelardo Gerardo Gonzalez v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2011-08-31