Legal Opinion
Hollander, Joe Shawn
Court of Criminal Appeals of Texas
Decided December 11, 2013No. PD-1447-12PublishedCited by 37 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · PricePrice, J.
in which MEYERS, WOMACK, JOHNSON, COCHRAN, and ALCALA, JJ., joined.
The Eleventh Court of Appeals held that the appellant did not suffer egregious harm when the trial court failed to instruct the jury that it must find certain predicate facts to be true to a level of confidence beyond a reasonable doubt before relying upon a statutory presumption to convict him.1 We granted the appellant’s petition for discretionary review in order to examine that holding. We will reverse.
BACKGROUND
The Statutory Presumption
A jury convicted the appellant of criminal mischief for tampering with a metering…
3Cases cited6 opinions
- Almanza v. StateCourt of Criminal Appeals of Texas · 1985
- Francis v. FranklinSupreme Court of the United States · 1985
- Warner v. StateCourt of Criminal Appeals of Texas · 2008
- Casanova, Matthew JohnCourt of Criminal Appeals of Texas · 2012
- State v. Lewis, Texas Court of Appeals, 12th District (Tyler)2004
1 more not listed; retrieve them via the Exa API.
4Cited by37 opinions
- Belle v. StateCourt of Appeals of Texas · 2018
- Herrera v. StateCourt of Appeals of Texas · 2017
- Ramirez-Memije v. StateCourt of Criminal Appeals of Texas · 2014
- Adam Clementson v. State, Texas Court of Appeals, 7th District (Amarillo)2016
- Roman Ramirez-Memije v. StateCourt of Appeals of Texas · 2015
32 more not listed; retrieve them via the Exa API.