Talamantez v. State

How courts have described this case

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

• holding that fiduciary capacity includes joint adventurers, partners and other fiduciary relationships not specifically mentioned in the statute
• holding that fiduciary capacity includes joint adventurers, partners and other fiduciary relationships not specifically mentioned in the statute
• discussing the difference between the offenses of misapplication of fiduciary property, which requires the defendant be in a position of trust and act contrary to the parties’ agreement, and theft which requires that the defendant appropriate property for his own use
• “Any person may commit theft,” but “[o]nly one in a position of trust may commit misapplication of fiduciary property”
• “A defendant‟s general right to appeal under Article 44.02[] and its predecessors has always been limited to appeal from a „final judgment,‟ though the statute does not contain this limitation on its face.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

19 cases in this archive cite this case.

• Coleman v. State
  Tex. App. Ct., 13th Dist.· 2004-04-22· cited 93×
• Anderson v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2010-08-31· cited 66×
• Gonzalez v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 1997-08-20· cited 47×
• State v. Hart
  Tex. App. Ct., 14th Dist. (Houston)· 2011-07-14· cited 30×
• Bruce Randol Merryman v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2012-11-30· cited 24×
• Leal v. American National Insurance Co.
  Tex. App. Ct., 13th Dist.· 1996-09-05· cited 18×
• Dale St. John v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 1994-04-06
• Rhinehardt, Michael v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 2003-07-17
• George Bradford Coleman v. State
  Tex. App. Ct., 13th Dist.· 2004-03-04
• State v. Wynonne Hart
  Tex. App. Ct., 14th Dist. (Houston)· 2011-04-05
• Kay J. Anderson A.ka. Kerine J. Anderson v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2010-08-31
• Jackie Lee Carpenter v. State
  Tex. App. Ct., 12th Dist. (Tyler)· 2014-01-15
• Ethel May Kennedy Jones v. State
  Tex. App. Ct., 13th Dist.· 2012-12-20
• Larry Eugene Berry v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2012-05-09
• Mark Strange v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2011-02-24
• Billy Womack v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2010-07-07
• Monica Melissa Patterson v. State
  Tex. App. Ct., 13th Dist.· 2020-01-23
• Dan Dipprey v. Double Diamond, Inc.
  Tex. App. Ct., 11th Dist. (Eastland)· 2021-10-21
• Kevin John Sheridan v. the State of Texas
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2025-07-24

Cites

12 cases in this archive are cited by this case.

• Strickland v. Washington
  Supreme Court· 1984-06-25· cited 123,578×
• Hernandez v. State
  Court of Criminal Appeals of Texas· 1986-09-17· cited 3,060×
• Papachristou v. City of Jacksonville
  Supreme Court· 1972-02-24· cited 1,862×
• Thigpen v. Locke
  Texas Supreme Court· 1962-12-05· cited 510×
• Bynum v. State
  Court of Criminal Appeals of Texas· 1989-02-15· cited 394×
• Texas Bank and Trust Co. v. Moore
  Texas Supreme Court· 1980-03-19· cited 243×
• Cheney v. State
  Court of Criminal Appeals of Texas· 1988-06-29· cited 169×
• Alejos v. State
  Court of Criminal Appeals of Texas· 1977-09-14· cited 137×
• City of Fort Worth v. Pippen
  Texas Supreme Court· 1969-04-02· cited 58×
• Wesson v. Jefferson Savings & Loan Ass'n
  Texas Supreme Court· 1982-11-10· cited 47×
• Trinity Universal Insurance Co. v. Burnette
  Court of Appeals of Texas· 1977-11-10· cited 21×
• Showery v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 1984-05-23· cited 19×

Other cases named Talamantez v. State

1 other CourtListener record shares this case name.

• Talamantez v. State
  Court of Criminal Appeals of Texas· 1992-03-25· cited 15×