State v. Savage

How courts have described this case

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

• holding that reviewing court can look past label assigned to motion to determine whether it is \functional equivalent\ for another type of motion
• holding that “the jury could reasonably infer that [defendant] had been driving the truck”
• concluding that “a trial court’s JNOV ruling after a jury determination of criminal guilt accomplishes exactly the same effect as granting the defendant a new trial for insufficient evidence—a functional acquittal”
• holding that when a jury returns a guilty verdict and the trial court grants the defendant’s motion for new trial based upon legal insufficiency of the evidence, double jeopardy prevents the trial court from entering any judgment other than an acquittal
• holding reviewing court can look past labels and order granting motion for judgment non obstante veredicto was functional equivalent of granting of new trial, thereby allowing State to appeal
• stating that a motion for new trial is “on the defendant’s motion”

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Lucio v. State
  Court of Criminal Appeals of Texas· 2011-09-14· cited 574×
• State v. Herndon
  Court of Criminal Appeals of Texas· 2007-02-28· cited 423×
• Kim v. State
  Court of Appeals of Texas· 2009-03-26· cited 316×
• Dornbusch v. State
  Court of Appeals of Texas· 2008-07-24· cited 80×
• 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×
• State v. Stanley
  Court of Criminal Appeals of Texas· 2006-09-20· cited 59×
• Rio Grande Valley Gas Co. v. City of Pharr
  Tex. App. Ct., 13th Dist.· 1997-12-30· cited 54×
• Loera v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 2000-03-14· cited 51×
• Smith v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 2000-03-28· cited 50×
• State v. Lewis
  Tex. App. Ct., 12th Dist. (Tyler)· 2004-11-10· cited 46×
• State v. Provost
  Tex. App. Ct., 14th Dist. (Houston)· 2006-08-10· cited 36×
• State v. Blackshere
  Court of Criminal Appeals of Texas· 2011-06-22· cited 31×
• Anthony v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2006-11-30· cited 29×
• Partee v. Texas Department of Public Safety
  Tex. App. Ct., 7th Dist. (Amarillo)· 2007-12-05· cited 27×
• Dunn v. State
  Court of Appeals of Texas· 2005-10-06· cited 24×
• Chafin v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2003-02-21· cited 24×
• Mau v. Third Court of Appeals (In Re State)
  Court of Criminal Appeals of Texas· 2018-10-31· cited 22×
• State v. Bounhiza
  Tex. App. Ct., 3rd Dist. (Austin)· 2009-08-21· cited 18×

Cites

19 cases in this archive are cited by this case.

• Clewis v. State
  Court of Criminal Appeals of Texas· 1996-01-31· cited 5,788×
• Burks v. United States
  Supreme Court· 1978-06-14· cited 4,912×
• Boykin v. State
  Court of Criminal Appeals of Texas· 1991-10-09· cited 1,829×
• Bigley v. State
  Court of Criminal Appeals of Texas· 1993-06-16· cited 1,789×
• United States v. Wilson
  Supreme Court· 1975-02-25· cited 1,334×
• Smith v. State
  Court of Criminal Appeals of Texas· 1995-03-08· cited 294×
• State v. Moreno
  Court of Criminal Appeals of Texas· 1991-04-10· cited 272×
• State v. Evans
  Court of Criminal Appeals of Texas· 1992-12-16· cited 130×
• Ferguson v. State
  Court of Criminal Appeals of Texas· 1978-10-11· cited 122×
• State Ex Rel. Vance v. Routt
  Court of Criminal Appeals of Texas· 1978-10-11· cited 82×
• Ex Parte George
  Court of Criminal Appeals of Texas· 1995-11-29· cited 70×
• Morris v. State
  Court of Criminal Appeals of Texas· 1986-04-30· cited 70×
• State v. Savage
  Tex. App. Ct., 4th Dist. (San Antonio)· 1995-10-25· cited 41×
• State v. Houth
  Court of Criminal Appeals of Texas· 1992-11-25· cited 40×
• Moore v. State
  Court of Criminal Appeals of Texas· 1988-03-30· cited 30×
• State v. Daniels
  Court of Appeals of Texas· 1989-03-08· cited 27×
• Combes v. State
  Court of Criminal Appeals of Texas· 1956-02-15· cited 24×
• Stacy v. State
  Court of Criminal Appeals of Texas· 1991-11-13· cited 17×
• State v. Savage
  Tex. App. Ct., 4th Dist. (San Antonio)· 1994-12-21· cited 12×