Legal Opinion
Schmutz v. State
Court of Criminal Appeals of Texas
Decided January 29, 2014No. PD-0530-13PublishedCited by 150 opinions
1Opinion of the Court
OPINION
ALCALA J-j
delivered the opinion of the Court
in which KELLER, P.J., and PRICE, WOMACK, JOHNSON, HERVEY, and COCHRAN, JJ., joined.
In this case we are asked to decide whether a claim of venue error is subject to review for harm on appeal. We conclude that venue error at trial is subject to a review for harm by using the standard for non-constitutional errors described in Rule 44.2(b) of the Texas Rules of Appellate Procedure. See Tex.R.App. P. 44.2(b). Applying that standard to this case, we determine that the State’s failure to prove venue as alleged was harmless because the record fails…
2Cases cited49 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- In Re WINSHIPSupreme Court of the United States · 1970
- Arizona v. FulminanteSupreme Court of the United States · 1991
- Johnson v. United StatesSupreme Court of the United States · 1997
44 more not listed; retrieve them via the Exa API.
3Cited by150 opinions
- Miller, Arthur Franklin Jr.Court of Criminal Appeals of Texas · 2018
- Colone v. StateCourt of Criminal Appeals of Texas · 2019
- Lake v. StateCourt of Criminal Appeals of Texas · 2017
- Jonas Smith v. StateCourt of Appeals of Texas · 2016
- Mark Douglas Robison v. StateCourt of Appeals of Texas · 2015
145 more not listed; retrieve them via the Exa API.