Opinion

Nichols v. State

  • 754 S.W.2d 185
  • 1988 Tex. Crim. App. LEXIS 67
  • 1988 WL 32004
Court
Court of Criminal Appeals of Texas
Filed
Apr 13, 1988
Status
Published
Author
Teague
On the bench
White, Teague, Clinton, Campbell
Cited by
139 cases

Overruled on other grounds by Green v. State, 1989 Tex. Crim. App. LEXIS 7 (1989)

stating that there is no coercion where appellant testified that he knew what he was doing but would not have been so easily persuaded had he not been intoxicated

How later courts described this case

  • stating that there is no coercion where appellant testified that he knew what he was doing but would not have been so easily persuaded had he not been intoxicated
  • appellate presumption that court’s instruction to disregard will be obeyed by jury
  • arrest and subsequent questioning does not initiate adverse judicial proceedings
  • “The central question is the extent to which appellant was deprived of his faculties due to the intoxication.”

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by Harris v. State, 1989 Tex. Crim. App. LEXIS 164 (1989)

    754 S.W.2d 185, 193 (Tex. Crim. App. 1988), overruled on other grounds by Harris v. State, 784 S.W.2d 5, 19 (Tex. Crim.
    Court of Criminal Appeals of TexasSep 13, 19897 citing opinionsother groundsRead it
  • Overruled on other grounds by Green v. State, 1989 Tex. Crim. App. LEXIS 7 (1989)

    754 S.W.2d 185, 190 (Tex. Crim. App. 1988), overruled on other grounds by Green v. State, 764 S.W.2d 242
    Court of Criminal Appeals of TexasJan 25, 19897 citing opinionsother groundsRead it
  • Overruled in part by Butler v. State, 1992 Tex. Crim. App. LEXIS 116 (1992)

    To the extent Rougeau and Nichols conflict with the holding in this ease and Johnson, they are overruled.
    Court of Criminal Appeals of TexasMay 6, 1992in partRead it

The opinion

TEAGUE, J.,

dissents to the disposition of point of error number 5 (Lane’s brief), which concerns the trial judge’s erroneous sua sponte excusal of prospective juror Terry Hurzeler.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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