Legal Opinion

Webber v. State

Texas Court of Appeals, 14th District (Houston)

Decided August 24, 2000No. 14-99-00234-CRPublishedCited by 51 opinions

1Opinion of the Court

OPINION

KEM THOMPSON FROST, Justice.

Charged with the offense of deadly conduct, the appellant, Elwood Webber was tried before a jury and found guilty. The court assessed punishment at 365 days in the Brazos County Jail. In two points of error, the appellant contends: (1) he was denied due process of law when the trial court failed to charge the jury on the law of presumptions pursuant to section 2.05 of the Texas Penal Code, and (2) he was denied effective assistance of counsel when trial counsel failed to object to the erroneous jury charge. We affirm.

Factual Background

The complainant, Eletha…

2Cases cited34 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  4. Thompson v. StateCourt of Criminal Appeals of Texas · 1999
  5. Sandstrom v. MontanaSupreme Court of the United States · 1979

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

3Cited by51 opinions

  1. Bluitt v. StateCourt of Criminal Appeals of Texas · 2004
  2. Tottenham v. State, Texas Court of Appeals, 1st District (Houston)2009
  3. Sanchez v. State, Texas Court of Appeals, 4th District (San Antonio)2005
  4. Ponce v. State, Texas Court of Appeals, 13th District2002
  5. State v. Lewis, Texas Court of Appeals, 12th District (Tyler)2004

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

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