Molitor v. State
Cases that cite this one
54 later published cases cite this decision. The 25 that cite it most often are listed here.
- Brenton Ray Overturf v. State (Tex. App. 1997)
- Elijah Dawson Jr. v. the State of Texas (Tex. App. 2025)
- Gary Donald Evans v. the State of Texas (Tex. App. 2025)
- Abel C. Esquivel v. the State of Texas (Tex. App. 2024)
- Efren Moreno v. the State of Texas (Tex. App. 2022)
- Michael Roy Villalba v. the State of Texas (Tex. App. 2022)
- Gary Colman Landreth v. the State of Texas (Tex. App. 2022)
- Rene De La Cerda v. State (Tex. App. 2017)
- Wayland Earl Bailey, Jr. v. State (Tex. App. 2016)
- Felton L. Gray v. State (Tex. App. 2015)
- Kenneth Andrew Bailey v. State (Tex. App. 2014)
- Terry Wayne Lewis v. State (Tex. App. 2014)
- James Carroll Glawson v. State (Tex. App. 2013)
- James Carroll Glawson v. State (Tex. App. 2013)
- Sharon Lee Carpenter v. State of Texas (Tex. App. 2012)
- Archie Lawayne Booker v. State (Tex. App. 2012)
- Archie Lawayne Booker v. State (Tex. App. 2012)
- John Hankins v. State (Tex. App. 2012)
- John Hankins v. State (Tex. App. 2012)
- Tammie Hampton v. State (Tex. App. 2011)
- Tammie Hampton v. State (Tex. App. 2011)
- Jess Lee Crump, Jr. v. State (Tex. App. 2010)
- Jess Lee Crump, Jr. v. State (Tex. App. 2010)
- Eric Wayde Berry v. State (Tex. App. 2009)
- Luthor Dale Simpson v. State (Tex. App. 2008)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION ON MOTION TO ABATE APPEAL
Appellant was convicted by a jury of the offense of murder. The jury assessed punishment at life.
Appellant’s conviction was affirmed by the Court of Appeals. Molitor v. State, 827 S.W.2d 512 (Tex.App.—Austin 1992). We granted appellant’s petition for discretionary review. In an opinion delivered on June 16, 1993, we reversed the judgment of the court *616 of appeals upon concluding that court had erroneously upheld the trial court’s refusal to submit appellant’s requested jury instruction on the lesser included offense of criminally negligent homicide. Molitor v. State (Tex.Cr.App. No. 526-92, delivered June 16,1993).
The State has filed a motion to abate the appeal. Attached to the motion is a certified copy of appellant’s certificate of death. The certificate recites that appellant died on March 31, 1993.
The death of an appellant during the pen-dency of an appeal deprives both this Court and the court of appeals of jurisdiction. See Garcia v. State, 840 S.W.2d 957 (Tex.Cr.App. 1992). Under these circumstances, the appropriate disposition is the abatement of the appeal. Tex.R.App.Pro. Rule 9(b). Accordingly, the State’s motion for rehearing is dismissed, the prior opinion is withdrawn, and the appeal is permanently abated.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.