Tate 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 that a jury could not \properly convict or acquit absent the opportunity to hear proffered testimony bearing upon a theory of defense and weigh its credibility along with other evidence in the case.\
• holding that evidence of a threat made by a decedent a month or two before his death was admissible under rule 404(b
• holding that evidence of a threat made by a decedent a month or two before his death was admissible under rule 404(b
• holding that victim's testimony--that victim had previously threatened defendant--was admissible because it shed light on the victim's state of mind on the night of the murder
• noting that the specific act shed fight on the deceased’s state of mind and demonstrated the intent or motive behind the confrontation
• holding that defendant may introduce evidence of a threatening statement made by the deceased to a third party to prove the deceased's intent, motive, or state of mind at the time of the murder

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Mozon v. State
  Court of Criminal Appeals of Texas· 1999-04-28· cited 693×
• Torres v. State
  Court of Criminal Appeals of Texas· 2002-04-03· cited 443×
• Miller v. State
  Court of Criminal Appeals of Texas· 2001-01-17· cited 162×
• Brandon Robisheaux v. State
  Court of Appeals of Texas· 2016-01-07· cited 143×
• Ex Parte Miller
  Court of Criminal Appeals of Texas· 2010-09-22· cited 142×
• Tate v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 1999-03-11· cited 104×
• Fox v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2002-11-06· cited 83×
• Commonwealth v. Adjutant
  Massachusetts Supreme Judicial Court· 2005-03-14· cited 78×
• Gutierrez v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2002-10-03· cited 69×
• London v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 2009-04-29· cited 61×
• Torres v. State
  Court of Criminal Appeals of Texas· 2003-10-15· cited 47×
• Hayes v. State
  Court of Criminal Appeals of Texas· 2005-04-27· cited 33×
• Hayes v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2004-01-15· cited 29×
• Rodney Wayne Allen v. State
  Court of Appeals of Texas· 2015-08-04· cited 28×
• Davis v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2003-03-26· cited 27×
• Rankin v. State
  Court of Appeals of Texas· 2001-03-15· cited 27×
• In the Matter of A.A.B.
  Court of Appeals of Texas· 2003-06-11· cited 21×
• Dudzik v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2009-01-27· cited 18×
• Salazar v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2007-03-07· cited 14×
• Tenny v. Dretke
  Fifth Circuit· 2005-07-07· cited 9×

Cites

11 cases in this archive are cited by this case.

• Purtell v. State
  Court of Criminal Appeals of Texas· 1988-11-02· cited 171×
• Dempsey v. State
  Court of Criminal Appeals of Texas· 1954-04-07· cited 98×
• United States v. Ronald Keiser, Jr.
  Ninth Circuit· 1995-06-16· cited 92×
• Thompson v. State
  Court of Criminal Appeals of Texas· 1983-09-14· cited 72×
• Gutierrez v. State
  Court of Criminal Appeals of Texas· 1989-02-01· cited 65×
• United States v. George Michael McClure
  Fifth Circuit· 1977-02-07· cited 57×
• Beecham v. State
  Court of Criminal Appeals of Texas· 1979-05-09· cited 52×
• Gonzales v. State
  Tex. App. Ct., 1st Dist. (Houston)· 1992-09-15· cited 42×
• Gilbert v. State
  Court of Criminal Appeals of Texas· 1991-05-15· cited 38×
• Lowe v. State
  Court of Criminal Appeals of Texas· 1981-03-11· cited 24×
• Tate v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 1997-12-04· cited 5×