Legal Opinion
Tolbert v. State
Court of Criminal Appeals of Texas
Decided March 17, 2010No. PD-0265-09PublishedCited by 164 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · HerveyHervey, J.
in which KELLER, P.J., MEYERS, WOMACK, KEASLER and COCHRAN, JJ., joined.
The issue presented in this case is whether the trial court was required to sua sponte instruct the jury on the lesser-included offense of murder in appellant’s capital-murder prosecution. We decide that the trial court was not required to sua sponte provide this jury instruction.
Appellant was charged with capital murder (murder during the course of a robbery). The State presented evidence that supports a finding that appellant murdered the victim, whom appellant knew, during the course of robbing him. The evidence…
3Cases cited13 opinions
- Almanza v. StateCourt of Criminal Appeals of Texas · 1985
- Hall v. StateCourt of Criminal Appeals of Texas · 2007
- Posey v. StateCourt of Criminal Appeals of Texas · 1998
- Druery v. StateCourt of Criminal Appeals of Texas · 2007
- Stephens v. StateCourt of Criminal Appeals of Texas · 1991
8 more not listed; retrieve them via the Exa API.
4Cited by164 opinions
- Mays v. StateCourt of Criminal Appeals of Texas · 2010
- Okonkwo, Chidiebele GabrielCourt of Criminal Appeals of Texas · 2013
- Zamora, Jaime ArturoCourt of Criminal Appeals of Texas · 2013
- Mendez v. StateCourt of Criminal Appeals of Texas · 2018
- Bowen, DeborahCourt of Criminal Appeals of Texas · 2012
159 more not listed; retrieve them via the Exa API.