links rule (Texas) · Go Syfert
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links rule in Texas

34 Texas opinions name it 2 courts 2002–2024 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 (9)

CaseFollowedCited
Evans v. Stategreen
texcrimapp · 2006 · cited in 21 Texas opinions naming this issue, 2007–2015
2 sentences

2015Evans, 202 S.W.3d, at 162 .

2015The appellant bases his argument on the links doctrine, and an analysis of the specific links that the Court of Criminal Appeals approved of in Evans v. State, 202 S.W.3d 158 (Tex. Crim.

1221
Tate v. Stategreen
texcrimapp · 2016 · cited in 2 Texas opinions naming this issue, 2023–2024
2 sentences

2024Id. at 415.

2023Id. at 414.

22
Roberson v. Stategreen
texapp · 2002 · cited in 2 Texas opinions naming this issue, 2008–2008
2 sentences

2008The majority’s decision and the reasoning in its opinion is in contradiction of well-settled law and our sound application of the links rule in Roberson v. State , 80 S.W. 3d 730, 735 (Tex. App.—Houston [1st Dist.] 2002, pet. ref’d).

2008The majority erroneously concludes that the evidence presented by the State to the jury below is legally sufficient to support the conviction of appellant, Brandon Kirk Lair, of the offense of possession of a controlled substance, namely methylenedi-oxy methamphetamine (commonly referred to as “MDMA” or “ecstasy”), weighing between 4 and 400 grams. 1 The majority’s decision and the reasoning in its opinion is in contradiction of well-settled law and our sound application of the links rule in Roberson v. State, 80 S.W.3d 730, 735 (Tex.App.-Houston [1st Dist.] 2002, pet. ref'd).

22
Brown v. Stategreen
texcrimapp · 1995 · cited in 2 Texas opinions naming this issue, 2007–2008
2 sentences

2008Id., citing Brown v. State, 911 S.W.2d 744, 747 (Tex.Crim.App.1995). 6 When, like here, a defendant is not in sole control of the place where contraband is found, his knowing possession of the contraband typically is evaluated through a links analysis, by which the State must demonstrate that the defendant’s connection with the contraband was not merely fortuitous.

2008Id., citing Brown v. State, 911 S.W.2d 744, 747 (Tex.Crim.App.1995). [6] When, like here, a defendant is not in sole control of the place where contraband is found, his knowing possession of the contraband typically is evaluated through a links analysis, by which the State must demonstrate that the defendant's connection with the contraband was not merely fortuitous.

22
in the Estate of Rosa Elvia Guerrerogreen
texapp · 2015 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022See In re Estate of Guerrero, 4 465 S.W.3d at 705-06 .

11
Jordan v. Stategreen
texapp · 2004 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020Jordan v. State, 139 S.W.3d 723, 726 (Tex. App.—Fort Worth 2004, no pet.).

11
Olivarez v. Stategreen
texapp · 2005 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Evans, 202 S.W.3d at 161–62; Olivarez v. State, 171 S.W.3d 283, 291 (Tex. App.–Houston [14th Dist.] 2005, no pet.).

11
Wesley Jerome Wright v. Stategreen
texapp · 2013 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014Wright v. State, 401 S.W.3d 813, 818-19 (Tex.App.-Houston [14th Dist.] 2013, pet. ref'd); see Evans, 202 S.W.3d at 162 n. 12.

11
Deshong v. Stategreen
texcrimapp · 1981 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010Thus, “[w]hen the accused is not in exclusive possession of the place where the substance is found, it cannot be concluded that the accused had knowledge of and control over the contraband unless there are additional independent facts and circumstances which affirmatively link the accused to the contraband.” Id . (quoting Deshong v. State , 625 S.W.2d 327, 329 (Tex. Crim.

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 (3)

CaseCitedYears
Poindexter v. State red
texcrimapp · 2005
2 sentences

2020The links analysis is designed to protect an innocent bystander from conviction based solely on his “fortuitous proximity to someone else’s drugs.” Poindexter, 153 S.W.3d at 406 . 6 Intent to deliver may be proved circumstantially.

2019The links analysis is “designed to protect an 9 innocent bystander from conviction based solely on [his] fortuitous proximity to someone else’s drugs.” Id. (citing Poindexter, 153 S.W.3d at 406 ).

112002–2020
Wootton v. State green
texapp · 2004
2 sentences

2008Id., citing Brown v. State, 911 S.W.2d 744, 747 (Tex.Crim.App.1995). 6 When, like here, a defendant is not in sole control of the place where contraband is found, his knowing possession of the contraband typically is evaluated through a links analysis, by which the State must demonstrate that the defendant’s connection with the contraband was not merely fortuitous.

2008Id., citing Brown v. State, 911 S.W.2d 744, 747 (Tex.Crim.App.1995). [6] When, like here, a defendant is not in sole control of the place where contraband is found, his knowing possession of the contraband typically is evaluated through a links analysis, by which the State must demonstrate that the defendant's connection with the contraband was not merely fortuitous.

52007–2008
Kristopher Donald Mixon v. State green
texapp · 2015
1 sentence

2019The links analysis is “designed to protect an 9 innocent bystander from conviction based solely on [his] fortuitous proximity to someone else’s drugs.” Id. (citing Poindexter, 153 S.W.3d at 406 ).

12019–2019

Statutes the citing opinions construe

TX § Tex. Penal Code § 1.07 (12) TX § Tex. Penal Code § 2.05 (4) TX § Tex. Penal Code § 6.02 (4) TX § Tex. Penal Code § 6.03 (4) TX § Tex. Penal Code § 12.32 (3) TX § Tex. Penal Code § 2.01 (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.

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