Legal Opinion

Jimenez v. State

Court of Criminal Appeals of Texas

Decided September 13, 2000No. 1090-99PublishedCited by 194 opinions

1Opinion of the CourtWomack, J.

MANSFIELD, PRICE, HOLLAND, and KEASLER, JJ., joined.

The question in this case is, what standard of harmless error applies to error in a court’s charge that was not objected to, and that is claimed to violate a constitutional provision? We hold that the applicable standard is that provided by article 36.19 of the Code of Criminal Procedure: “the judgment shall not be reversed.. .unless it appears from the record that the defendant has not had a fair and impartial trial.”

The appellant, indicted for attempted capital murder, was found guilty of aggravated assault committed on September 11, 1995.…

2Cases cited18 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  4. Arizona v. FulminanteSupreme Court of the United States · 1991
  5. Johnson v. United StatesSupreme Court of the United States · 1997

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

3Cited by194 opinions

  1. In the Interest of B.L.D.Texas Supreme Court · 2003
  2. Olivas v. StateCourt of Criminal Appeals of Texas · 2006
  3. Luquis v. StateCourt of Criminal Appeals of Texas · 2002
  4. Leza v. StateCourt of Criminal Appeals of Texas · 2011
  5. Grey v. StateCourt of Criminal Appeals of Texas · 2009

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

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