Opinion

Adelman v. State

  • 828 S.W.2d 418
  • 1992 Tex. Crim. App. LEXIS 41
  • 1992 WL 38115
Court
Court of Criminal Appeals of Texas
Filed
Mar 4, 1992
Status
Published
Author
Clinton
On the bench
McCormick, Clinton, Benavides
Cited by
1,121 cases
Authority
More cited than 13.0%

concluding that jury is entitled to accept or reject any portion of witness’s testimony and determines whether to accept defendant’s self-defense theory

How later courts described this case

  • concluding that jury is entitled to accept or reject any portion of witness’s testimony and determines whether to accept defendant’s self-defense theory
  • finding that the trier of fact may accept or reject any or all of the testimony of any witness
  • stating the jury is the sole judge of the credibility of the witnesses and the weight to be given their testimony
  • recognizing the trier of fact may accept or reject any or all of the testimony of any witness

Written by the judges who cited it.

The opinion

CLINTON, Judge,

dissenting.

Because I agree substantially with the sufficiency analysis conducted by the court of appeals in reviewing all the evidence, albeit not some of the language it used, Adelman v. State, 731 S.W.2d 143 (Tex.App.—Houston [1st] 1987), while the majority practically resurrects the discredited “some evidence” treatment the Court formerly administered in, e.g., Banks v. State, 510 S.W.2d 592, 595 (Tex.Cr.App.1974), and reprised in Combs v. State, 643 S.W.2d 709, 716-717 (Tex.Cr.App.1982), I respectfully dissent.

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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