Legal Opinion

State v. Stewart

Texas Court of Appeals, 3rd District (Austin)

Decided April 15, 2009No. 03-07-00735-CRPublishedCited by 39 opinions

1Opinion of the Court

OPINION

J. WOODFIN JONES, Chief Justice.

The district court granted appellee Trent Stewart a new trial in the interest of justice after finding that the sentence imposed by the court was disproportionate to sentences imposed by the court in similar cases. The State contends that the court exceeded its plenary authority and abused its discretion by announcing its intention to reduce Stewart’s punishment before Stewart had filed a motion for new trial, abused its discretion by granting a new trial without evidence to support the order, and erred by granting a new trial for an error that affected…

2Cases cited22 opinions

  1. Solem v. HelmSupreme Court of the United States · 1983
  2. Harmelin v. MichiganSupreme Court of the United States · 1991
  3. Prystash v. StateCourt of Criminal Appeals of Texas · 1999
  4. State v. GonzalezCourt of Criminal Appeals of Texas · 1993
  5. State v. HerndonCourt of Criminal Appeals of Texas · 2007

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

3Cited by39 opinions

  1. Simpson, Mark TwainCourt of Criminal Appeals of Texas · 2016
  2. State of Texas v. Thomas, JeremyCourt of Criminal Appeals of Texas · 2014
  3. State v. DavisCourt of Criminal Appeals of Texas · 2011
  4. Pete, Ex Parte AndrewCourt of Criminal Appeals of Texas · 2017
  5. State of Texas v. Jeremy Thomas, Texas Court of Appeals, 1st District (Houston)2012

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API