Swearingen v. State

How courts have described this case

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

• concluding there was no showing of actual harm partly because State’s closing arguments did not emphasize or magnify charge error
• explaining that amount of harm needed for reversal for jury-charge error depends on whether complaint regarding “that error was preserved in the trial court”
• noting that “core concept” of sudden passion defense is that “a person’s mental state has rendered him incapable of rational thought and collected action”
• “Although there may have been evidence of former provocation, the evidence was, at best, weak in establishing that Swearingen was incapable of rational thought and collected action.... ”
• “In some cases involving charge error implicating jury unanimity, appellate courts have found egregious harm based in part on prosecutor statements urging the jury to make a non-unanimous finding.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Bill Boyd Kuhn v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2013-01-31· cited 121×
• Perez v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2010-09-08· cited 46×
• Roberts v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2010-08-05· cited 42×
• Cesar Gomez v. State
  Court of Appeals of Texas· 2015-01-23· cited 41×
• Mills v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2009-08-31· cited 24×
• Hodge v. State
  Court of Appeals of Texas· 2016-08-04· cited 16×
• Brandon Cornett v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2013-02-28· cited 13×
• Rene Daniel Villarreal v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2012-12-05· cited 10×
• Codiem Renoir Wooten v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2012-08-30· cited 7×
• Charles Newman Smith, Jr. v. State
  Court of Appeals of Texas· 2016-08-30· cited 4×
• Johnny Esparza v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2014-08-20
• Shawn Lynn Parker v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2014-08-29
• Robert Paul Mills v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2009-08-31
• Toni Martinez v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2009-08-21
• Dominick David Deaton v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2009-06-26
• John Roman Rocha v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2009-05-12
• Lamar Anthony, Jr. v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2006-11-30
• Allan Cunningham v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2006-09-19
• Steven Rodriguez v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2006-08-09
• Joseph Terry Green v. State
  Tex. App. Ct., 9th Dist. (Beaumont)· 2009-04-01

Cites

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

• Almanza v. State
  Court of Criminal Appeals of Texas· 1985-02-27· cited 6,557×
• Ngo v. State
  Court of Criminal Appeals of Texas· 2005-03-16· cited 2,169×
• Hutch v. State
  Court of Criminal Appeals of Texas· 1996-04-03· cited 1,524×
• Crown Life Insurance Company v. Casteel
  Texas Supreme Court· 2000-01-27· cited 971×
• Neal v. State
  Court of Criminal Appeals of Texas· 2008-06-18· cited 903×
• Ovalle v. State
  Court of Criminal Appeals of Texas· 2000-03-08· cited 800×
• Allen v. State
  Court of Criminal Appeals of Texas· 2008-05-07· cited 404×
• Ellison v. State
  Court of Criminal Appeals of Texas· 2002-10-02· cited 379×
• Olivas v. State
  Court of Criminal Appeals of Texas· 2006-09-13· cited 366×
• Thrift v. State
  Court of Criminal Appeals of Texas· 2005-11-02· cited 361×
• Trevino v. State
  Court of Criminal Appeals of Texas· 2003-02-26· cited 279×
• McKinney v. State
  Court of Criminal Appeals of Texas· 2005-11-16· cited 160×
• Pennington v. State
  Court of Criminal Appeals of Texas· 1985-07-10· cited 84×
• Kennedy v. State
  Court of Appeals of Texas· 2006-03-30· cited 77×
• Sanchez v. State
  Court of Criminal Appeals of Texas· 2000-06-21· cited 69×
• London v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 2009-04-29· cited 61×
• Ruiz v. State
  Court of Criminal Appeals of Texas· 1988-05-18· cited 56×
• Bradshaw v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2007-12-03· cited 50×
• Barfield v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2006-09-27· cited 47×
• Curry v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2007-03-28· cited 36×