Legal Opinion

Elder v. State

Court of Appeals of Texas

Decided February 12, 2004No. 2-02-248-CRPublishedCited by 53 opinions

1Opinion of the Court

OPINION

JOHN CAYCE, Chief Justice.

Danny Howard Elder appeals his conviction for aggravated sexual assault of a child. In four points, he complains that his trial for the charged offenses violated the Double Jeopardy Clause, that the evidence is legally and factually insufficient to sustain his conviction, and that the trial court erroneously admitted hearsay evidence from a person who was not an outcry witness. We will affirm in part and vacate and dismiss in part as jeopardy barred.

Background Facts & Procedural History

Appellant was originally indicted for indecency with a child (K.H.) by…

2Cases cited24 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Kotteakos v. United StatesSupreme Court of the United States · 1946
  3. Johnson v. StateCourt of Criminal Appeals of Texas · 2000
  4. Clewis v. StateCourt of Criminal Appeals of Texas · 1996
  5. Brown v. OhioSupreme Court of the United States · 1977

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

3Cited by53 opinions

  1. Jose Marvin Martinez v. State, Texas Court of Appeals, 1st District (Houston)2011
  2. Hanson v. State, Texas Court of Appeals, 10th District (Waco)2005
  3. Rangel v. StateCourt of Appeals of Texas · 2006
  4. Williams v. StateCourt of Appeals of Texas · 2005
  5. Garcia v. State, Texas Court of Appeals, 14th District (Houston)2005

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

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