State v. Rosenbaum

How courts have described this case

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

• recognizing that “[t]he statutes authorizing pretrial proceedings do not contemplate a “minitrial” on the merits of allegations made in the charging instrument”
• holding a trial court cannot go behind the face of the indictment and make a pretrial determination regarding the sufficiency of the evidence to support or defeat an element of the offense
• holding a trial court cannot go behind the face of the indictment and make a pretrial determination regarding the sufficiency of the evidence to support or defeat an element of the offense
• finding that \in a pretrial setting there is no constitutional or statutory authority for an accused to raise and for a trial court to determine sufficiency of evidence to support or defeat an alleged element of an offense. . .\
• agreeing with the State that a defendant may not make a pretrial attack upon the sufficiency of the evidence presented to the grand jury to support the allegations in the indictment
• holding “there is no constitutional or statutory authority for an accused to raise and for a trial court to determine sufficiency of the evidence to support or defeat an alleged element of an offense” pretrial and trial court “grievously errs” by ruling on sufficiency of evidence pretrial

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• State Ex Rel. Lykos v. Fine
  Court of Criminal Appeals of Texas· 2011-01-12· cited 429×
• State of Texas v. Rosseau, Robert Louis
  Court of Criminal Appeals of Texas· 2013-04-17· cited 223×
• Flores v. State
  Court of Criminal Appeals of Texas· 2008-02-13· cited 188×
• Woods v. State
  Court of Criminal Appeals of Texas· 2005-01-12· cited 90×
• Shipp v. State
  Court of Criminal Appeals of Texas· 2011-02-02· cited 53×
• Sheldon v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2003-03-06· cited 39×
• State v. Rhinehart
  Court of Criminal Appeals of Texas· 2011-03-09· cited 35×
• State v. Bartee
  Tex. App. Ct., 4th Dist. (San Antonio)· 1995-02-15· cited 32×
• State v. Robert Louis Rosseau
  Tex. App. Ct., 4th Dist. (San Antonio)· 2011-12-14· cited 31×
• State v. Meadows
  Tex. App. Ct., 8th Dist. (El Paso)· 2005-04-28· cited 24×
• State v. Seibert
  Tex. App. Ct., 5th Dist. (Dallas)· 2004-07-09· cited 21×
• Sanchez v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2000-10-20· cited 20×
• State v. Habern
  Tex. App. Ct., 1st Dist. (Houston)· 1997-04-10· cited 20×
• State v. Mauldin
  Tex. App. Ct., 12th Dist. (Tyler)· 2001-11-21· cited 14×
• State v. Markovich
  Tex. App. Ct., 3rd Dist. (Austin)· 2000-10-19· cited 14×
• Harris County District Attorney's Office v. R.R.R.
  Tex. App. Ct., 14th Dist. (Houston)· 1996-07-25· cited 14×
• Ex Parte James Richard \Rick\ Perry
  Tex. App. Ct., 3rd Dist. (Austin)· 2015-07-29· cited 14×
• Harris v. State
  Court of Appeals of Texas· 2005-08-31· cited 13×
• Kevin Lee Farris v. State
  Court of Appeals of Texas· 2016-09-02· cited 13×
• State v. Boado
  Tex. App. Ct., 1st Dist. (Houston)· 1999-12-03· cited 12×

Cites

49 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×
• United States v. Gaudin
  Supreme Court· 1995-06-19· cited 2,553×
• Kungys v. United States
  Supreme Court· 1988-05-02· cited 789×
• Johnson v. State
  Court of Criminal Appeals of Texas· 1991-02-13· cited 621×
• Sinclair v. United States
  Supreme Court· 1929-04-08· cited 484×
• Crocker v. State
  Court of Criminal Appeals of Texas· 1978-05-10· cited 336×
• Brasfield v. State
  Court of Criminal Appeals of Texas· 1980-06-18· cited 278×
• Sterling v. State
  Court of Criminal Appeals of Texas· 1990-12-19· cited 231×
• Miller v. State
  Court of Criminal Appeals of Texas· 1991-06-05· cited 194×
• State v. Rosenbaum
  Court of Criminal Appeals of Texas· 1991-10-30· cited 133×
• United States v. Bobby Roy Dennis, Sr., Sharon Denise Cohen, Clarence Bobby Jennings, Brenda Jewell Hurley
  Eleventh Circuit· 1986-04-14· cited 127×
• United States v. Jessie Lee Jackson
  Eighth Circuit· 1981-05-13· cited 125×
• Kelley v. State
  Court of Criminal Appeals of Texas· 1984-07-03· cited 98×
• Bosley v. State
  Court of Criminal Appeals of Texas· 1967-04-05· cited 95×
• Ferguson v. United States
  Supreme Court· 1986-02-24· cited 81×
• State v. Eaves
  Court of Criminal Appeals of Texas· 1990-12-05· cited 76×
• Mitchell v. State
  Court of Criminal Appeals of Texas· 1980-10-08· cited 63×
• State v. Rosenbaum
  Court of Criminal Appeals of Texas· 1993-05-05· cited 60×
• United States v. Joseph Abadi
  Sixth Circuit· 1983-05-09· cited 58×
• United States v. Martin Joseph Damato, A/K/A Sal Picone
  Fifth Circuit· 1977-07-01· cited 53×