Thornton v. Texas

Docket NumberPD-0669-13
Decision Date02 April 2014
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109 cases
  • Davis v. State
    • United States
    • Texas Court of Appeals
    • June 1, 2017
    ... ... 533 S.W.3d 510 Reversal on evidentiary sufficiency grounds is restricted to "the rare occurrence when a factfinder does not act rationally." Laster v. State , 275 S.W.3d 512, 517 (Tex. Crim. App. 2009) ; see Thornton v. State , 425 S.W.3d 289, 303 (Tex. Crim. App. 2014) (stating that a reviewing court should not act as a "thirteenth juror"). In other words, the appellate scales are weighted in favor of upholding a trial court's judgment of conviction. Winfrey v. State , 323 S.W.3d 875, 879 (Tex. Crim. App ... ...
  • Torres v. State
    • United States
    • Texas Court of Appeals
    • July 21, 2017
    ... ... At any rate, it was the State's burden to prove facts that would constitute the offense of bigamy, and the State failed to do so. 49. Id ... at *23. 50. Id ... 51. Thornton v ... State , 425 S.W.3d 289, 300 (Tex. Crim. App. 2014). 52. See Griffin v ... State , 491 S.W.3d 771, 777 (Tex. Crim. App. 2016); Rabb v ... State , 483 S.W.3d 16, 24 (Tex. Crim. App. 2016); Nowlin v ... State , 473 S.W.3d 312, 319 (Tex. Crim. App. 2015); Rodriguez v ... State , 454 S.W.3d 503, ... ...
  • Ransier v. State
    • United States
    • Texas Court of Appeals
    • July 16, 2019
    ... ... We stated that any breakage following the struggle was incidental to the struggle and at least arguably involuntary as to appellant. Tampering with evidence requires specific intent. Rabb v. State , 483 S.W.3d 16, 21 (Tex. Crim. App. 2016) ; Thornton v. State , 425 S.W.3d 289, 300 n.59 (Tex. Crim. App. 2014). The intent must accompany the action. Rabb , 483 S.W.3d at 21 ; Thornton , 425 S.W.3d at 300 n.59. Many of the cases the State cites in support of its causation arguments are sufficiency cases, but we do not apply sufficiency ... ...
  • Arteaga v. State
    • United States
    • Texas Court of Appeals
    • October 22, 2015
    ... ... A. Applicable Law Where the State fails to prove an aggravating element of an offensehere the bigamy elementbut proves the essential elements of the offense, "the appellant would enjoy an unjust windfall from an outright acquittal." Thornton v. State, 425 S.W.3d 289, 298 (Tex.Crim.App.2014). An outright acquittal under such circumstances would be unjust because the result would involve usurping the fact finder's determination of guilt. Id. A court of appeals should limit the use of judgment reformation to those circumstances when ... ...
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18 books & journal articles
  • Post-Trial Issues
    • United States
    • James Publishing Practical Law Books Archive Texas Criminal Lawyer's Handbook. Volume 2 - 2020 Contents
    • August 16, 2020
    ...result of an outright acquittal by reforming the judgment to reflect a conviction for the lesser-included offense. Thornton v. State, 425 S.W.3d 289, 299-300 (Tex. Crim. App. 2014). Where the case under review does not involve a defendant’s extrajudicial confession, there is neither need no......
  • Trial Issues
    • United States
    • James Publishing Practical Law Books Archive Texas Criminal Lawyer's Handbook. Volume 2 - 2019 Contents
    • August 16, 2019
    ...for an appellate court to have the option of reforming a conviction of a greater offense to a lesser-included offense. Thornton v. State, 425 S.W.3d 289, 297 (Tex. Crim. App. 2014). Where the law of parties is contained in the abstract portion of the charge and is supported by sufficient ev......
  • Post-Trial Issues
    • United States
    • James Publishing Practical Law Books Archive Texas Criminal Lawyer's Handbook. Volume 2 - 2016 Contents
    • August 17, 2016
    ...result of an outright acquittal by reforming the judgment to reflect a conviction for the lesser-included offense. Thornton v. State, 425 S.W.3d 289, 299-300 (Tex. Crim. App. 2014). Where the case under review does not involve a defendant’s extrajudicial confession, there is neither need no......
  • Post-Trial Issues
    • United States
    • James Publishing Practical Law Books Archive Texas Criminal Lawyer's Handbook. Volume 2 - 2018 Contents
    • August 17, 2018
    ...result of an outright acquittal by reforming the judgment to reflect a conviction for the lesser-included offense. Thornton v. State, 425 S.W.3d 289, 299-300 (Tex. Crim. App. 2014). Where the case under review does not involve a defendant’s extrajudicial confession, there is neither need no......
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