Legal Opinion

Dougherty v. State

Court of Criminal Appeals of Texas

Decided March 1, 2006No. PD-1411-05PublishedCited by 29 opinions

1Opinion of the Court

Non-published per curiam opinion. *

KELLER, P.J.,

filed a dissenting opinion.

The Court finds that the Court of Appeals’s opinion is deficient for failing to take into account all of the Almanza 1 factors. I believe that in this type of case there is only . one factor that the court needed to consider because the existence of that factor, all by itself, cured the error in the jury charge. Moreover, the lower court’s opinion is fully consistent not only with Almanza^ but with other opinions from this Court.

Remember that Almanza was exceptional in its conclusion that “finding error in the court’s…

2Cases cited8 opinions

  1. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  2. Cockrell v. StateCourt of Criminal Appeals of Texas · 1996
  3. Medina v. StateCourt of Criminal Appeals of Texas · 1999
  4. Plata v. StateCourt of Criminal Appeals of Texas · 1996
  5. Lewis v. StateCourt of Criminal Appeals of Texas · 1991

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

3Cited by29 opinions

  1. Chaney v. State, Texas Court of Appeals, 7th District (Amarillo)2010
  2. In the Matter of I.L., a Juvenile, Texas Court of Appeals, 8th District (El Paso)2012
  3. CUEVAS, VICTOR HUGO v. the State of TexasCourt of Criminal Appeals of Texas · 2026
  4. Chaney v. State, Texas Court of Appeals, 7th District (Amarillo)2010
  5. Douglas Albert Dougherty v. State, Texas Court of Appeals, 1st District (Houston)2007

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

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