Case Citator › Martin v. State

Martin v. State

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Texas Court of Criminal Appeals
Citation
475 S.W.2d 265
Decided
Confirmed treatments
2
Flagged citations read
32 of 32
Citing cases (total)
32
Treatment dates
1977–1983
Overruled in part
A reviewed court has overruled part of this case’s holding. Martin v. State was overruled in part on appellate review of a preliminary competency hearing. In Jackson v. State, the Texas Court of Criminal Appeals held that a competency ruling may be reviewed with the appeal from the criminal trial and expressly included Martin among the conflicting cases it overruled.
More on how this was screened

Martin's rule on admitting relevant photographs was later criticized in Reimer v. State, but courts continued to apply it. All 32 flagged citations have been read; the two confirmed treatments are listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

32 later cases cite Martin v. State; 32 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Martin v. State?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Texas Court of Criminal Appeals overruled Martin's bar on reviewing a preliminary competency ruling in an appeal from the criminal trial.

    Jackson v. State · Texas Court of Criminal Appeals · filed

    While not limited to these cases, to the extent the following cases are in conflict, they are overruled: ... Martin v. State, Tex.Cr.App., 475 S.W.2d 265;
    Read the full opinion on CourtListener →

Criticized

  • The Corpus Christi Court of Appeals criticized Martin's photograph test for making admissibility turn on the prosecution's purpose rather than the evidence's character.

    Reimer v. State · Texas Court of Appeals, Corpus Christi · filed

    In the leading case of Martin v. State, 475 S.W.2d 265 (Tex.Cr.App.1972) the Court of Criminal Appeals articulated the standard for admissability as follows: ... Moreover, the admissibility of evidence should not be contingent upon the intent of the party making the offer. Rather, the trial court’s decision to admit evidence should be based upon the character of the evidence offered, not upon circumstances indicating possible prosecuto-rial misconduct.
    Read the full opinion on CourtListener →

Does this case still carry your argument?

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