Legal Opinion
State v. Barbernell
Court of Criminal Appeals of Texas
Decided July 2, 2008No. PD-0867-07PublishedCited by 133 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · KeaslerKeasler, J.
Stephen Gregory Barbernell was charged with DWI. The court of appeals affirmed the trial judge’s decision to grant Barbernell’s motion to quash due to the State’s failure to allege which definition of “intoxicated” that it intended to prove at trial. 1 The court reasoned that intoxication is an act or omission and that the definitions of “intoxicated” provide for different means of commission. 2 Because we hold that the definitions of “intoxicated” do not describe an act or omission, we reverse and vacate the judgment of the court of appeals and remand this case to the trial court.
I.…
3Cases cited21 opinions
- Curry v. StateCourt of Criminal Appeals of Texas · 2000
- Cole v. ArkansasSupreme Court of the United States · 1948
- State v. MoffCourt of Criminal Appeals of Texas · 2004
- Thomas v. StateCourt of Criminal Appeals of Texas · 1981
- Bagheri v. StateCourt of Criminal Appeals of Texas · 2003
16 more not listed; retrieve them via the Exa API.
4Cited by133 opinions
- Smith v. StateCourt of Criminal Appeals of Texas · 2010
- Crenshaw, Bradley KeltonCourt of Criminal Appeals of Texas · 2012
- Sierra, AntonioCourt of Criminal Appeals of Texas · 2009
- Ramjattansingh v. StateCourt of Criminal Appeals of Texas · 2018
- Hernandez v. StateCourt of Criminal Appeals of Texas · 2017
128 more not listed; retrieve them via the Exa API.