Legal Opinion

O'BRIEN v. State

Texas Court of Appeals, 1st District (Houston)

Decided November 27, 2002No. 01-00-01021-CRPublishedCited by 35 opinions

1Opinion of the Court

OPINION

ADELE HEDGES, Justice.

Appellant pled not guilty to murder. A jury found appellant guilty and assessed punishment at 35 years’ confinement. In five points of error, appellant argues that the trial court erred in (1) denying his request for a charge on the lesser-included offense of manslaughter, (2) allowing the State to question appellant on why he obtained a pistol, (3) refusing to give appellant an extra peremptory strike, and (4) allowing improper prosecutorial argument. We reverse and remand.

Background

On April 9, 1999, a group of family and friends went bowling. Richard Perez, a…

2Cases cited13 opinions

  1. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  2. Beck v. AlabamaSupreme Court of the United States · 1980
  3. Rousseau v. StateCourt of Criminal Appeals of Texas · 1993
  4. Arline v. StateCourt of Criminal Appeals of Texas · 1986
  5. Bignall v. StateCourt of Criminal Appeals of Texas · 1994

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

3Cited by35 opinions

  1. Ray v. State, Texas Court of Appeals, 1st District (Houston)2003
  2. Nevarez v. State, Texas Court of Appeals, 7th District (Amarillo)2008
  3. Henry v. State, Texas Court of Appeals, 1st District (Houston)2007
  4. Mohammud Nangurai v. State, Texas Court of Appeals, 1st District (Houston)2014
  5. Ramirez v. State, Texas Court of Appeals, 1st District (Houston)2006

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

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