Legal Opinion
Marshall v. State
Court of Criminal Appeals of Texas
Decided January 13, 2016No. PD-0509-14PublishedCited by 192 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · KeaslerKeasler, J.
in which JOHNSON, HERVEY, ALCALA, RICHARDSON, and NEWELL, JJ., joined.
A jury convicted Patrick Marshall of felony assault against a family member. On appeal, the court of appeals held the evidence legally sufficient but the omission of the words “bodily injury” from the jury charge's application paragraph egregiously harmed Marshall.1 Wé agree that the evidence was sufficient, but disagree that the jury charge egregiously harmed Marshall because the jury charge sufficiently required the jury to find bodily injury by impeding normal breathing — a bodily injury per se. We therefore…
3Cases cited8 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Almanza v. StateCourt of Criminal Appeals of Texas · 1985
- Boykin v. StateCourt of Criminal Appeals of Texas · 1991
- Arline v. StateCourt of Criminal Appeals of Texas · 1986
- Reeves, Gary PatrickCourt of Criminal Appeals of Texas · 2013
3 more not listed; retrieve them via the Exa API.
4Cited by192 opinions
- Ambrose, CynthiaCourt of Criminal Appeals of Texas · 2016
- United States v. Curtis HowellCourt of Appeals for the Fifth Circuit · 2016
- Hernandez v. StateCourt of Criminal Appeals of Texas · 2017
- Kevin Lee Farris v. StateCourt of Appeals of Texas · 2016
- Gilbert v. StateCourt of Appeals of Texas · 2016
187 more not listed; retrieve them via the Exa API.