Hudson v. Texas (Original)

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Justia Opinion Summary

Appellant Cynthia Hudson appealed her conviction by jury for capital murder. The court of appeals sustained her complaint that the trial court erred in failing to submit a lesser-included offense. The Supreme Court, after its review of the matter, found that the appellate court conducted its error analysis without considering possible intermediate lesser-included offenses that the evidence might have supported, and it conducted its own harm analysis without considering the lesser-included offenses that were actually submitted to the jury. Accordingly, the Supreme Court reversed the appellate court's judgement and remanded the case for further proceedings.

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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0768-12 CYNTHIA ANN HUDSON, Appellant v. THE STATE OF TEXAS ON STATE S PETITION FOR DISCRETIONARY REVIEW FROM THE SIXTH COURT OF APPEALS CASS COUNTY K ELLER, P.J., delivered the opinion of the Court in which P RICE, J OHNSON, K EASLER, H ERVEY, C OCHRAN, and A LCALÃ , JJ., joined. W OMACK, J., joined except footnote 16. M EYERS, J., did not participate. In the court of appeals, appellant complained that the trial judge erred in failing to submit to the jury a lesser-included offense. In sustaining that complaint, the court of appeals conducted its error analysis without considering possible intermediate lesser-included offenses that the evidence might have supported, and it conducted its harm analysis without considering the lesser-included offenses that were actually submitted to the jury. We shall reverse its judgment and remand for further proceedings.

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