Legal Opinion
Kirsch v. State
Court of Criminal Appeals of Texas
Decided February 10, 2010No. PD-0379-09PublishedCited by 223 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · CochranCochran, J.
in which KELLER, P. J., WOMACK, JOHNSON, KEASLER, HERVEY and HOLCOMB, JJ., joined.
A jury convicted appellant of driving while intoxicated (DWI) and sentenced him *740to 45 days in jail. Appellant contends that the court of appeals erred in upholding the trial court’s submission of a jury charge on per se intoxication by having an alcohol content in his blood of 0.08 or more when the evidence of appellant’s blood alcohol level was admitted pursuant to a limiting instruction.1 We agree with the court of appeals that (1) the judge’s oral limiting instruction was improper, but (2) the totality…
3Cases cited11 opinions
- Gigliobianco v. StateCourt of Criminal Appeals of Texas · 2006
- Colburn v. StateCourt of Criminal Appeals of Texas · 1998
- State v. MechlerCourt of Criminal Appeals of Texas · 2005
- Bagheri v. StateCourt of Criminal Appeals of Texas · 2003
- Mata v. StateCourt of Criminal Appeals of Texas · 2001
6 more not listed; retrieve them via the Exa API.
4Cited by223 opinions
- Kuciemba v. StateCourt of Criminal Appeals of Texas · 2010
- State v. David Villarreal, Texas Court of Appeals, 13th District2014
- Donna Jean Dill A/K/A Donna Zill v. State, Texas Court of Appeals, 1st District (Houston)2011
- Somers v. StateCourt of Criminal Appeals of Texas · 2012
- Chaney v. State, Texas Court of Appeals, 7th District (Amarillo)2010
218 more not listed; retrieve them via the Exa API.