Opinion

Rose v. State

  • 752 S.W.2d 529
  • 1988 Tex. Crim. App. LEXIS 117
  • 1987 WL 1386
Court
Court of Criminal Appeals of Texas
Filed
Jun 15, 1988
Status
Published
Author
Onion
On the bench
Onion, Teague, McCormick, Clinton, Duncan, Campbell, Davis, White, Miller
Cited by
510 cases

Abrogated on other grounds by Karenev v. State, 2009 Tex. Crim. App. LEXIS 961 (2009)

holding that Tex. Code Crim.P. Ann. art. 37.07, sec. 4(a) (Vernon Supp.1988) (“the parole statute”), requiring that the trial court instruct the jury on the Texas parole laws, is unconstitutional

How later courts described this case

  • holding that Tex. Code Crim.P. Ann. art. 37.07, sec. 4(a) (Vernon Supp.1988) (“the parole statute”), requiring that the trial court instruct the jury on the Texas parole laws, is unconstitutional
  • presuming the jury generally follows the trial court's instruction unless appellant presents evidence to rebut presumption
  • holding that predecessor statute violated separation of powers and due course of law
  • declaring § 4(a) of article 37.07 unconstitutional, on the basis that it violated separation of powers and due course of law clauses

Written by the judges who cited it.

Later courts went against this

  • Abrogated on other grounds by Karenev v. State, 2009 Tex. Crim. App. LEXIS 961 (2009)

    752 S.W.2d 529, 535 (Tex. Crim. App. 1987), abrogated by, Karenev v. State, 281 S.W.3d 428
    Court of Criminal Appeals of TexasApr 22, 20097 citing opinionsother groundsRead it
  • Limited by Shearer v. State, 1989 Tex. App. LEXIS 1355 (1989)

    However, although we agree that the additional instruction discussed in Rose, supra, and Olivarez, supra, is a significant factor in the application of TEX.R.APP.P. 81(b)(2), we disapprove of any suggestion that harmless error is not possible in the absence of such an additional instruction.
    Court of Appeals of TexasApr 12, 1989Read it

The opinion

ONION, Presiding Judge,

concurring.

I concur in the result reached, but clearly not in most of the reasoning used in the opinion on the court’s own motion for rehearing. The error here is charge error, not some other kind of error.

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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