results of a blood test (Texas) · Go Syfert
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results of a blood test in Texas

34 Texas opinions name it 3 courts 1961–2024 3 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

CaseFollowedCited
Durrett v. Stategreen
texapp · 2001 · cited in 12 Texas opinions naming this issue, 2009–2022
2 sentences

2022To establish the facts necessary to support the trial court’s decision to admit the results of a blood test into evidence, “a proper chain of custody of the blood sample that was drawn from the accused and later tested must be established.” Penley v. State, 2 S.W.3d 534, 537 (Tex. App.— Texarkana 1999, pet. ref’d); Durrett v. State, 36 S.W.3d 205, 208 (Tex. App.—Houston [14th Dist.] 2001, no pet.).

2015To establish the facts necessary to support the trial court’s decision to admit the results of a blood test into evidence, “a proper chain of custody of the blood sample that was drawn from the accused and later tested must be established.” Durrett v. State, 36 S.W.3d 205, 208 (Tex. App.—Houston [14th Dist.] 2001, no pet.).

1212
Moone v. Stategreen
texapp · 1987 · cited in 6 Texas opinions naming this issue, 1997–2013
2 sentences

2013Durrett v. State, 36 S.W.3d 205, 208 (Tex. App.—Houston [14th Dist.] 2001, no pet.) (citing Moone v. State, 728 S.W.2d 928, 930 (Tex. App.—Houston [14th Dist.] 1987, no pet.)).

2009Moone v. State , 728 S.W.2d 928, 930 (Tex. App.—Houston [14th Dist.] 1987, no pet.).

66
Avila v. Stategreen
texapp · 2000 · cited in 6 Texas opinions naming this issue, 2009–2011
2 sentences

2011See Dossett v. State, 216 S.W.3d 7, 17 (Tex. App.—San Antonio 2006, pet. ref’d); Avila v. State, 18 S.W.3d 736, 739 (Tex. App.—San Antonio 2000, no pet.).

2009Durrett v. State , 36 S.W.3d 205, 208 (Tex. App.—Houston [14th Dist.] 2001, no pet.); Avila v. State , 18 S.W.3d 736, 739 (Tex. App.—San Antonio 2000, no pet.) (proper chain of custody must be established to admit the results of scientific testing).

66
Penley v. Stategreen
texapp · 1999 · cited in 4 Texas opinions naming this issue, 2009–2022
2 sentences

2022To establish the facts necessary to support the trial court’s decision to admit the results of a blood test into evidence, “a proper chain of custody of the blood sample that was drawn from the accused and later tested must be established.” Penley v. State, 2 S.W.3d 534, 537 (Tex. App.— Texarkana 1999, pet. ref’d); Durrett v. State, 36 S.W.3d 205, 208 (Tex. App.—Houston [14th Dist.] 2001, no pet.).

2019See Islas v. State, No. 08-12-00157-CR, 2014 WL 2006713 , at *8 (Tex. App.—El Paso May 14, 2014, no pet.) (not designated for publication) (citing 4 Penley v. State, 2 S.W.3d 534, 537 (Tex. App.—Texarkana 1999, pet. ref’d)); Durrett v. State, 36 S.W.3d 205, 208 (Tex. App.—Houston [14th Dist.] 2001, no pet.).

44
Stoker v. Statered
texcrimapp · 1989 · cited in 3 Texas opinions naming this issue, 2015–2023
2 sentences

2023See Stoker v. State, 788 S.W.2d 1, 10 (Tex. Crim.

2022In the absence of any evidence of tampering or alteration, “[p]roof of the beginning and end of a chain of custody will support the admission of the evidence[.]” Dossett v. State, 216 S.W.3d 7, 17 (Tex. App.—San Antonio 2006, pet. ref’d); see also Stoker v. State, 788 S.W.2d 1, 10 (Tex. Crim.

33
Dossett v. Stategreen
texapp · 2007 · cited in 3 Texas opinions naming this issue, 2011–2022
2 sentences

2022In the absence of any evidence of tampering or alteration, “[p]roof of the beginning and end of a chain of custody will support the admission of the evidence[.]” Dossett v. State, 216 S.W.3d 7, 17 (Tex. App.—San Antonio 2006, pet. ref’d); see also Stoker v. State, 788 S.W.2d 1, 10 (Tex. Crim.

2015In the absence of any evidence of tampering or alteration, “[p]roof of the beginning and end of a chain of custody will support the admission of the evidence[.]” Dossett v. State, 216 S.W.3d 7, 17 (Tex. App.—San Antonio 2006, pet. ref’d); see also Stoker v. State, 788 S.W.2d 1, 10 (Tex. Crim.

33
State v. Comeauxgreen
texapp · 1990 · cited in 4 Texas opinions naming this issue, 1991–1995
2 sentences

1991App. 1991), this Court noted that the decision to suppress the results of a blood test is addressed to the trial court's discretion. 786 S.W.2d at 481 .

1991App.1991), this Court noted that the decision to suppress the results of a blood test is addressed to the trial court's discretion. 786 S.W.2d at 481 .

24
Brown v. Stategreen
texcrimapp · 1951 · cited in 2 Texas opinions naming this issue, 1987–1997
2 sentences

1997Brown v. State, 156 Tex.Crim.R. 144, 240 S.W.2d 310, 311 (1951); Moone v. State, 728 S.W.2d 928, 930 (Tex.App.—Houston [14th Dist.] 1987, no pet.); Lynch v. State, 687 S.W.2d 76, 77-78 (Tex.App.—Amarillo 1985, pet. ref'd).

1987Brown v. State, 156 Tex.Crim.R. 144, 240 S.W.2d 310, 311 (Tex.Crim.App.1951); Lynch v. State, 687 S.W.2d 76, 77-78 (Tex.App. —Amarillo 1985, pet. ref’d).

22
Lynch v. Stategreen
texapp · 1985 · cited in 2 Texas opinions naming this issue, 1987–1997
2 sentences

1997Brown v. State, 156 Tex.Crim.R. 144, 240 S.W.2d 310, 311 (1951); Moone v. State, 728 S.W.2d 928, 930 (Tex.App.—Houston [14th Dist.] 1987, no pet.); Lynch v. State, 687 S.W.2d 76, 77-78 (Tex.App.—Amarillo 1985, pet. ref'd).

1987Brown v. State, 156 Tex.Crim.R. 144, 240 S.W.2d 310, 311 (Tex.Crim.App.1951); Lynch v. State, 687 S.W.2d 76, 77-78 (Tex.App. —Amarillo 1985, pet. ref’d).

22
Bullcoming v. New Mexicogreen
scotus · 2011 · cited in 2 Texas opinions naming this issue, 2016–2024
2 sentences

2016Appellant contends that, under two United State Supreme Court cases—Bullcoming v. New Mexico, 564 U.S. 647 , 131 S.Ct. 2705, 2715-16 , 180 L.Ed.2d 610 (2011) and Melendez-Diaz v. Massachusetts, 557 U.S. 305, 310-11 , 129 S.Ct. 2527, 2532 , 174 L.Ed.2d 314 (2009)—the trial court’s allowing Isreal to testify violated appellant’s' rights under the Confrontation Clause of the Constitution; In Bullcoming, the Supreme Court held that the defendant’s constitutional right of confrontation was violated when the State introduced a report containing the results of a blood test determining the defendant’s

2016Appellant contends that, under two United State Supreme Court cases—Bullcoming v. New Mexico, 564 U.S. 647 , 131 S.Ct. 2705, 2715-16 , 180 L.Ed.2d 610 (2011) and Melendez-Diaz v. Massachusetts, 557 U.S. 305, 310-11 , 129 S.Ct. 2527, 2532 , 174 L.Ed.2d 314 (2009)—the trial court’s allowing Isreal to testify violated appellant’s' rights under the Confrontation Clause of the Constitution; In Bullcoming, the Supreme Court held that the defendant’s constitutional right of confrontation was violated when the State introduced a report containing the results of a blood test determining the defendant’s

12
Hailey v. Stategreen
texapp · 2001 · cited in 1 Texas opinions naming this issue, 2005–2005
1 sentence

2005Kelly relies on Hailey v. State, 50 S.W.3d 636, 640 (Tex.App.-Waco 2001), rev’d on other grounds, 87 S.W.3d 118 (Tex.Crim.App.2002), cert, denied, 538 U.S. 1060 , 123 S.Ct. 2218 , 155 L.Ed.2d 1111 (2003) (holding that the results of a blood test taken by a hospital employee without the defendant's permission should have been suppressed under article 38.23 because taking the specimen was an assault). 5 .

11
Coulter v. Stategreen
texcrimapp · 1973 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002Id. at 883.

11
National Farmers Union Property & Casualty Co. v. Degolladogreen
texapp · 1993 · cited in 1 Texas opinions naming this issue, 1999–1999
1 sentence

1999See National Farmers Union Prop. & Casualty Co. v. Degollado , 844 S.W.2d 892, 897 (Tex. App.--Austin 1992, writ denied).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
State v. Comeaux green
texcrimapp · 1991
2 sentences

1995State v. Comeaux , 786 S.W.2d 480, 481-82 (Tex. App.--Austin 1990), aff'd , 818 S.W.2d 46 (Tex. Crim.

1995State v. Comeaux, 786 S.W.2d 480, 481-82 (Tex.App. — Austin 1990), aff'd, 818 S.W.2d 46 (Tex.Crim.App.1991).

21995–1995
Gregory Everett Mitchell v. State green
texapp · 2013
1 sentence

2019Mitchell, 419 S.W.3d at 662 .

12019–2019
Melendez-Diaz v. Massachusetts green
scotus · 2009
2 sentences

2016Appellant contends that, under two United State Supreme Court cases—Bullcoming v. New Mexico, 564 U.S. 647 , 131 S.Ct. 2705, 2715-16 , 180 L.Ed.2d 610 (2011) and Melendez-Diaz v. Massachusetts, 557 U.S. 305, 310-11 , 129 S.Ct. 2527, 2532 , 174 L.Ed.2d 314 (2009)—the trial court’s allowing Isreal to testify violated appellant’s' rights under the Confrontation Clause of the Constitution; In Bullcoming, the Supreme Court held that the defendant’s constitutional right of confrontation was violated when the State introduced a report containing the results of a blood test determining the defendant’s

2016Appellant contends that, under two United State Supreme Court cases—Bullcoming v. New Mexico, 564 U.S. 647 , 131 S.Ct. 2705, 2715-16 , 180 L.Ed.2d 610 (2011) and Melendez-Diaz v. Massachusetts, 557 U.S. 305, 310-11 , 129 S.Ct. 2527, 2532 , 174 L.Ed.2d 314 (2009)—the trial court’s allowing Isreal to testify violated appellant’s' rights under the Confrontation Clause of the Constitution; In Bullcoming, the Supreme Court held that the defendant’s constitutional right of confrontation was violated when the State introduced a report containing the results of a blood test determining the defendant’s

12016–2016
Dickerson v. State green
texapp · 1998
1 sentence

2015The first case decided after Hardy was Dickerson v. State, 965 S.W.2d 30 (Tex. App.--Houston [1st Dist.] 1998, pet. dism’d, improvidently granted).8 After rejecting the identical constitutional claim raised in Hardy, the court also rejected claims of defects in the grand jury subpoena process.

12015–2015
Hailey v. State green
texcrimapp · 2002
1 sentence

2005Kelly relies on Hailey v. State, 50 S.W.3d 636, 640 (Tex.App.-Waco 2001), rev’d on other grounds, 87 S.W.3d 118 (Tex.Crim.App.2002), cert, denied, 538 U.S. 1060 , 123 S.Ct. 2218 , 155 L.Ed.2d 1111 (2003) (holding that the results of a blood test taken by a hospital employee without the defendant's permission should have been suppressed under article 38.23 because taking the specimen was an assault). 5 .

12005–2005
Hailey v. Texas green
scotus · 2003
2 sentences

2005Kelly relies on Hailey v. State, 50 S.W.3d 636, 640 (Tex.App.-Waco 2001), rev’d on other grounds, 87 S.W.3d 118 (Tex.Crim.App.2002), cert, denied, 538 U.S. 1060 , 123 S.Ct. 2218 , 155 L.Ed.2d 1111 (2003) (holding that the results of a blood test taken by a hospital employee without the defendant's permission should have been suppressed under article 38.23 because taking the specimen was an assault). 5 .

2005Kelly relies on Hailey v. State, 50 S.W.3d 636, 640 (Tex.App.-Waco 2001), rev’d on other grounds, 87 S.W.3d 118 (Tex.Crim.App.2002), cert, denied, 538 U.S. 1060 , 123 S.Ct. 2218 , 155 L.Ed.2d 1111 (2003) (holding that the results of a blood test taken by a hospital employee without the defendant's permission should have been suppressed under article 38.23 because taking the specimen was an assault). 5 .

12005–2005
Thurman v. State green
texapp · 1993
1 sentence

1997In Thurman , and in upholding the use of a grand jury subpoena to obtain the results of a blood test, the court opined that “the State could have obtained the same evidence before or during trial by use of an ordinary *842 subpoena duces tecum, rather than a grand jury subpoena.” Id. at 100 .

11997–1997
Ferguson v. State green
texcrimapp · 1978
1 sentence

1982Without citing us to the record, appellant asserts that his “objection to the admissibility of blood test comparisons was overruled.” For its part, the State concedes the admission of the blood test results in this cause constituted error since neither appellant’s consent, nor a warrant was obtained authorizing the seizure of appellant’s blood, citing Ferguson v. State, 573 S.W.2d 516 (Tex.Cr.App.1978); the State contends, however, that admission of appellant’s blood type into evidence was harmless beyond a reasonable doubt.

11982–1982
Slagle v. State green
texcrimapp · 1978
1 sentence

1982On considering the objection to the admissibility of chemical tests for drunkenness, it is said in 2 RAY, TEXAS LAW OF EVIDENCE § 1430 (1980): “And it is now clearly established by the Texas decisions that objections based upon alleged inaccuracy or unreliability of the tests go to the weight of the evidence and not to its admissibility.” Although considering the results of a breath test and not the results of a blood test, the court in Slagle v. State, 570 S.W.2d 916 (Tex.Cr.App.1978), held that evidence concerning variables involved in administration of breathalyzer examination went to the w

11982–1982
Breithaupt v. Abram green
scotus · 1957
2 sentences

1969Cf. Breithaupt v. Abram, 352 U.S. 432 , 77 S.Ct. 408 , 1 L.Ed.2d 448 (1957), where under similar circumstances it was held that the conviction based on the results of a blood test made while the accused was unconscious did not deprive him of his liberty without due process. .

1969Cf. Breithaupt v. Abram, 352 U.S. 432 , 77 S.Ct. 408 , 1 L.Ed.2d 448 (1957), where under similar circumstances it was held that the conviction based on the results of a blood test made while the accused was unconscious did not deprive him of his liberty without due process. .

11969–1969
Marx v. State neutral
texcrimapp · 1955
1 sentence

1961Marx v. State, 161.Tex.Cr.R. 401, 277 S.W.2d 914 ." In answer to your question three it is our opinion based upon the foregoing cited cases by the Texas Court of Criminal Appeals that blood tests and the testimony by any person who can qualify as an expert may be allowed into evidence as to the results of a blood test taken from a defendant in a driving while intoxicated case.

11961–1961

Statutes the citing opinions construe

TX § Tex. Penal Code § 49.04 (11) TX § Tex. Penal Code § 49.01 (4) TX § Tex. Transp. Code § 724.011 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 34 (1961–2024) PA 17 (1974–2024) NY 15 (1960–2022) IL 15 (1960–2015) IA 7 (1972–2024) ME 6 (1978–2022) CA 6 (1966–2014) FL 6 (1979–2007) VA 5 (1971–2009) KY 5 (1972–2025) KS 5 (1969–2020) MN 5 (1991–2016) NE 4 (1996–2023) GA 4 (1963–2009) MI 3 (1979–1987) MO 3 (1985–2011) ND 3 (1985–2017) OK 3 (1965–1980) AK 3 (1995–2012) WI 3 (1984–2017) MS 3 (1987–2008) NC 3 (1956–1992) RI 2 (1998–2000) IN 2 (1984–2012) LA 2 (1987–1989) NM 2 (1996–2007) DE 2 (1991–2021) SD 2 (1966–1976) WV 2 (2020–2021) OH 2 (2004–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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