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Legal Opinion

Gelinas, James Henry

Court of Criminal Appeals of Texas

Decided May 15, 2013No. PD-1522-11PublishedCited by 191 opinions

1Opinion of the Court

OPINION

2Judgment of the CourtKeasler, J.

in which KELLER, P.J., HERVEY, and ALCALA, JJ., joined.

The State asks us to overrule Hutch v. State1 upon which the lower court relied in finding that Gelinas suffered egregious harm from an erroneous jury instruction. Upon review, we believe Hutch was flawed and produces unjust results, and we hereby disavow it. We find the contested jury instruction in the instant case was erroneous, but egregious harm did not result. Accordingly, we reverse the court of appeals’ judgment.

I. Background

A. Trial

Gelinas was charged with the offense of driving while intoxicated following a roadside stop…

3Cases cited8 opinions

  1. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  2. Hutch v. StateCourt of Criminal Appeals of Texas · 1996
  3. Taylor v. KentuckySupreme Court of the United States · 1978
  4. Arline v. StateCourt of Criminal Appeals of Texas · 1986
  5. Rose v. StateCourt of Criminal Appeals of Texas · 1988

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4Cited by191 opinions

  1. Nava, Andres MaldonadoCourt of Criminal Appeals of Texas · 2013
  2. Reeves, Gary PatrickCourt of Criminal Appeals of Texas · 2013
  3. Marshall v. StateCourt of Criminal Appeals of Texas · 2016
  4. Arrington, CharlesCourt of Criminal Appeals of Texas · 2015
  5. Elizondo, Jose Guadalupe RodriguezCourt of Criminal Appeals of Texas · 2016

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

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