Legal Opinion

McIlroy v. State

Court of Appeals of Texas

Decided March 9, 2006No. 2-04-308-CR, 2-04-309-CRPublishedCited by 16 opinions

1Opinion of the Court

OPINION

SUE WALKER, Justice.

I. Introduction

The primary issue we address in this appeal is whether the State may read to the jury — over the defendant’s objection— the type of prior felony offense the defendant committed when it is alleged in an indictment for possession of a firearm by a felon and when the defendant has agreed to stipulate to the prior felony and to her status as a felon. We hold that when a defendant charged with possession of a firearm by a felon stipulates to her status as a felon and to the prior felony offense and when she objects to the reading of the portion of the…

2Cases cited21 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  3. Mosley v. StateCourt of Criminal Appeals of Texas · 1998
  4. Old Chief v. United StatesSupreme Court of the United States · 1997
  5. King v. StateCourt of Criminal Appeals of Texas · 1997

16 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Harkins v. StateCourt of Appeals of Texas · 2008
  2. Adedji Olalincoln Adekeye v. State, Texas Court of Appeals, 14th District (Houston)2014
  3. Adedji Olalincoln Adekeye v. State, Texas Court of Appeals, 14th District (Houston)2014
  4. Dgjuan Fields v. the State of Texas, Texas Court of Appeals, 2nd District (Fort Worth)2025
  5. Dominique Reed v. State, Texas Court of Appeals, 14th District (Houston)2020

11 more not listed; retrieve them via the Exa API.

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