Legal Opinion
Motilla v. State
Court of Criminal Appeals of Texas
Decided June 26, 2002No. 598-01PublishedCited by 1,291 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · KeaslerKeasler, J.
joined by KELLER, P.J., and PRICE, WOMACK, HERVEY, HOLCOMB, and COCHRAN, J.J.
In a harm analysis under Rule 44.2(b), is an appellate court required to disregard overwhelming evidence of the defendant’s guilt? The answer is no. We reaffirm our previous holdings that an appellate court can and should consider overwhelming evidence of guilt in a harm analysis.
I. Pacts and Procedural History
Ronnie Fisk was 20 years old when he celebrated New Year’s Eve of 1997 at the Far West Rodeo Club with his friends Jose Osuna and Cesar Martinez. The club closed at 2:00 a.m., and the trio headed to the…
3Cases cited17 opinions
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Wesbrook v. StateCourt of Criminal Appeals of Texas · 2000
- King v. StateCourt of Criminal Appeals of Texas · 1997
- Ladd v. StateCourt of Criminal Appeals of Texas · 1999
- Johnson v. StateCourt of Criminal Appeals of Texas · 1998
12 more not listed; retrieve them via the Exa API.
4Cited by1,291 opinions
- Best v. StateCourt of Appeals of Texas · 2003
- Haley v. StateCourt of Criminal Appeals of Texas · 2005
- Gonzalez v. StateCourt of Criminal Appeals of Texas · 2018
- Bagheri v. StateCourt of Criminal Appeals of Texas · 2003
- Sanchez, OrlandoCourt of Criminal Appeals of Texas · 2012
1,286 more not listed; retrieve them via the Exa API.