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Court of Criminal Appeals of Texas


Schmidt v. State of Texas, 0402-06

A decision reversing a conviction for retaliation is reversed where: 1) the court of appeals erred in drawing a bright-line rule that a threat of harm and actual harm cannot arise from the same act and occur simultaneously, and that the threat must precede the initial harm; and 2) the evidence was legally sufficient to support the retaliation conviction.

Appellate Information

  • Decided 05/09/2007
  • Published 05/09/2007

Judges

Court

  • Court of Criminal Appeals of Texas

Counsel

  • For Appellant:
  • Eric Willard, Plainview, for Appellant., Lisa McMinn, Asst. State Prosecuting Atty., Matthew Paul, State's Atty., Austin, for State.

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