Legal Opinion
McKithan v. State
Court of Criminal Appeals of Texas
Decided November 10, 2010No. PD-0811-09PublishedCited by 106 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · HerveyHervey, J.
in which KELLER, P.J., MEYERS, WOMACK, KEASLER, HOLCOMB and COCHRAN, JJ„ joined.
In these consolidated cases, we address whether, under the cognate-pleadings approach of the step-one lesser-included-offense analysis set out in our decision in Hall v. State, 225 S.W.3d 524 (Tex.Cr.App.2007), offensive-contact assault1 is a lesser-included offense of the charged offense of bodily-injury assault2 in an indictment alleging bodily injury by “kicking” the complainant (Welsh) and of the charged offense of aggravated sexual assault in an indictment alleging that the complainant was compelled to…
3Cases cited19 opinions
- Hall v. StateCourt of Criminal Appeals of Texas · 2007
- Feldman v. StateCourt of Criminal Appeals of Texas · 2002
- Landrian v. StateCourt of Criminal Appeals of Texas · 2008
- Trejo v. StateCourt of Criminal Appeals of Texas · 2009
- Jacob v. StateCourt of Criminal Appeals of Texas · 1995
14 more not listed; retrieve them via the Exa API.
4Cited by106 opinions
- Cavazos, AbrahamCourt of Criminal Appeals of Texas · 2012
- SWEED v. StateCourt of Criminal Appeals of Texas · 2011
- Rice v. StateCourt of Criminal Appeals of Texas · 2011
- State of Texas v. Meru, MarkCourt of Criminal Appeals of Texas · 2013
- Loving v. StateCourt of Criminal Appeals of Texas · 2013
101 more not listed; retrieve them via the Exa API.