State v. Evans

How courts have described this case

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

• holding motion to withdraw or reconsider plea should more aptly have been called a motion for new trial and order granting motion was functionally indistinguishable from order granting a new trial, thereby allowing State to appeal
• holding motion to withdraw or reconsider plea should more aptly have been called a motion for new trial and order granting motion was functionally indistinguishable from order granting a new trial, thereby allowing State to appeal
• permitting State to appeal from defendant's \Motion to Withdraw Plea of Nolo Contendere\ by construing it as the granting of a motion for new trial
• noting that motion’s title is not controlling
• “While designated as a motion to reconsider a plea, appellant’s motion should more aptly have been called a motion for new trial.”
• post-trial motion to withdraw plea was functionally indistinguishable from motion for new trial, and was properly treated as such

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Mallett v. State
  Court of Criminal Appeals of Texas· 2001-12-19· cited 1,369×
• Reyes v. State
  Court of Criminal Appeals of Texas· 1993-02-03· cited 695×
• State v. Gonzalez
  Court of Criminal Appeals of Texas· 1993-04-14· cited 511×
• State v. Herndon
  Court of Criminal Appeals of Texas· 2007-02-28· cited 423×
• Jordan v. State
  Court of Criminal Appeals of Texas· 1994-04-27· cited 327×
• State v. Roberts
  Court of Criminal Appeals of Texas· 1996-12-11· cited 310×
• State v. Savage
  Court of Criminal Appeals of Texas· 1996-11-06· cited 130×
• Dusenberry v. State
  Tex. App. Ct., 1st Dist. (Houston)· 1996-02-01· cited 127×
• Prudhomme v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2000-08-16· cited 121×
• Coronado v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2000-07-26· cited 108×
• Scaggs v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2000-06-22· cited 100×
• Labib v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2007-08-16· cited 91×
• State v. Kelley
  Tex. App. Ct., 6th Dist. (Texarkana)· 2000-04-05· cited 90×
• Houston v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2006-08-10· cited 80×
• State v. Read
  Tex. App. Ct., 3rd Dist. (Austin)· 1998-03-12· cited 75×
• State v. Arizmendi
  Court of Criminal Appeals of Texas· 2017-05-17· cited 70×
• Ware v. State
  Court of Appeals of Texas· 2002-01-10· cited 66×
• State v. Davis
  Court of Criminal Appeals of Texas· 2011-10-05· cited 63×
• State v. Boyd
  Tex. App. Ct., 5th Dist. (Dallas)· 2006-08-28· cited 61×
• Lanum v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 1997-07-16· cited 61×

Cites

3 cases in this archive are cited by this case.

• State v. Garza
  Tex. App. Ct., 13th Dist.· 1989-06-29· cited 46×
• State v. Kanapa
  Tex. App. Ct., 1st Dist. (Houston)· 1989-09-28· cited 19×
• State v. Evans
  Tex. App. Ct., 10th Dist. (Waco)· 1992-01-15· cited 13×