Legal Opinion

State v. Cabrera

Texas Court of Appeals, 13th District

Decided August 17, 2000No. 13-99-594-CRPublishedCited by 16 opinions

1Opinion of the Court

OPINION

NELDA V. RODRIGUEZ, Justice.

Appellant, the State of Texas, appeals from the trial court’s granting of habeas corpus relief. By two points of error, the State contends the trial court erred (1) in concluding the prosecutor was reckless in causing a mistrial, and (2) by following the recklessness prosecutorial misconduct standard in Bauder v. State, 921 S.W.2d 696 (Tex.Crim.App.1996), rather than the federal intentional standard. We affirm.

Appellee, Gerardo P. Cabrera, was charged with five counts of aggravated sexual assault of a child. 1 During its opening statement at trial, the State…

2Cases cited12 opinions

  1. Guzman v. StateCourt of Criminal Appeals of Texas · 1997
  2. Griffin v. CaliforniaSupreme Court of the United States · 1965
  3. Griffin v. CaliforniaSupreme Court of the United States · 1965
  4. Oregon v. KennedySupreme Court of the United States · 1982
  5. Bauder v. StateCourt of Criminal Appeals of Texas · 1996

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

3Cited by16 opinions

  1. State v. Doyle, Texas Court of Appeals, 13th District2004
  2. Barnett v. StateCourt of Appeals of Texas · 2002
  3. George v. StateCourt of Appeals of Texas · 2001
  4. Anthony Lavelle Casterberry v. the State of Texas, Texas Court of Appeals, 2nd District (Fort Worth)2022
  5. Daniel Lyne v. State, Texas Court of Appeals, 13th District2015

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

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