620 SW2D 577 - Fearance v. State

How this case has been cited

Cited by 41 later decisions (1 by the Supreme Court) — most recently October 2001 · most notably Franklin v. Lynaugh (1988), Livingston v. State (1987)

4 federal appellate · 34 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

McCORMICK, Judge,

¶1dissenting.

¶2Since the judgment in this case does not require a reversal of the finding of guilt, Judge Roberts, Judge Dally and myself would reform the judgment to reflect a punishment of life imprisonment. See, generally, Pierson v. State, 614 S.W.2d 102 (1980) (On Motion for Rehearing, overruled without written opinion on April 29, 1981, McCormick, J. dissent, joined by Dally, J., joined in part by Roberts, J.); Evans v. State, 614 S.W.2d 414 (1980) (On Motion for Rehearing, overruled without written opinion on April 29,1981, McCormick, J. concurrence joined by Dally, J.); Loudres v. State, 614 S.W.2d 407 (1980) (Roberts, J. dissent) (On Motion for Rehearing overruled without written opinion on April 29, 1981, McCormick, J. dissent joined by Dally, J.); Grijalva v. State, 614 S.W.2d 420 (1980) (Roberts, J. dissent) (On Motion for Rehearing, overruled without written opinion on April 29, 1981, Dally, J. dissent).

ROBERTS and DALLY, JJ., join in this dissent.