Opinion

Jimenez v. State

  • 32 S.W.3d 233
  • 2000 Tex. Crim. App. LEXIS 81
  • 2000 WL 1283732
Court
Court of Criminal Appeals of Texas
Filed
Sep 13, 2000
Status
Published
Author
Keller
On the bench
Womack, Mansfield, Price, Holland, Keasler, McCormick, Keller, Meyers, Johnson
Cited by
201 cases
Authority
More cited than 9.7%

recognizing that constitutional issues should not be addressed if the case can be resolved on nonconstitutional grounds

How later courts described this case

  • recognizing that constitutional issues should not be addressed if the case can be resolved on nonconstitutional grounds
  • recognizing that A[t]he term >due process of law= in the Fifth and Fourteenth Amendments to the federal constitution and the term >due course of law= in our state constitution mean the same thing@
  • stating that federal due process and state due course of law mean the same thing
  • stating that “due process of law” and “due course of law” mean the same thing

Written by the judges who cited it.

The opinion

KELLER, J.,

delivered a concurring opinion.

By failing to object, appellant has forfeited any right to have his claim analyzed under the standard of harm for constitutional errors, found in Texas Rule of Appellate Procedure 44.2(a). In addition, there is no due process violation in this case because appellant faded to request relief. Whatley v. State, 946 S.W.2d 73, 75-76 (Tex.Crim.App.1997).

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.