Legal Opinion

Schmidt v. State

Court of Criminal Appeals of Texas

Decided March 11, 2009No. PD-0076-08PublishedCited by 45 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · HerveyHervey, J.

A jury convicted appellant of retaliation by threat (a third-degree felony) and sentenced him to seven years’ confinement and a $7,000 fine. The indictment alleged that appellant threatened to harm the victim “by an unlawful act, to-wit: striking” the victim in retaliation for or on account of her services as a prospective witness. 1 The evidence shows that appellant struck the victim during a prolonged attack in which he “yelled at, cursed, grabbed, pushed, kicked, dragged, and punched the victim.” See Schmidt v. State, 232 S.W.3d 66, 67 (Tex.Cr.App.2007) (Schmidt I). The State…

3Cases cited18 opinions

  1. Malik v. StateCourt of Criminal Appeals of Texas · 1997
  2. New Hampshire v. MaineSupreme Court of the United States · 2001
  3. Curry v. StateCourt of Criminal Appeals of Texas · 2000
  4. Rousseau v. StateCourt of Criminal Appeals of Texas · 1993
  5. Gollihar v. StateCourt of Criminal Appeals of Texas · 2001

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

4Cited by45 opinions

  1. Goad, Joshua LeeCourt of Criminal Appeals of Texas · 2011
  2. McKithan v. StateCourt of Criminal Appeals of Texas · 2010
  3. Thien Quoc Nguyen v. State, Texas Court of Appeals, 6th District (Texarkana)2016
  4. Dixon v. State, Texas Court of Appeals, 1st District (Houston)2011
  5. Dennis Steele v. StateCourt of Appeals of Texas · 2016

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

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