¶1concurring with the following note: I am sympathetic to the views expressed in Judge Overstreet’s well reasoned dissent. Post, 934 S.W.2d at 131 (Overstreet, J., dissenting). However, for the reasons stated in Smith v. State, 898 S.W.2d 838, 856 (Tex.Crim.App.1995) (Baird, J., concurring), and because the Supreme Court has not revisited its opinion in Simmons v. South Carolina, 512 U.S. 154, 114 S.Ct. 2187, 129 L.Ed.2d 133 (1994), I am constrained to join only the judgment of the Court.
934 S.W.2d 113
Rhoades v. State
Court of Criminal Appeals of Texas
Decided October 2, 1996
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Court of Criminal Appeals of Texas · decided 1996-10-02
Relies on Simmons v. South Carolina · Smith v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1996-10-02
How this case has been cited
Cited by 87 later decisions — most recently July 2020 · most notably Tong v. State (2000), Prystash v. State (1999)
2 federal appellate · 82 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.
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