third and fourth factors (Texas) · Go Syfert
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third and fourth factors in Texas

21 Texas opinions name it 1 courts 1989–2025 7 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
Gigliobianco v. Stategreen
texcrimapp · 2006 · cited in 2 Texas opinions naming this issue, 2020–2021
2 sentences

2021See Gigliobianco, 210 S.W.3d at 641–42.

2020See Gigliobianco, 210 S.W.3d at 641 . –13– The third and fourth factors, the tendency of the evidence to suggest a decision on an improper basis and the evidence’s tendency to distract the jury, also favor admission.

22
Missouri v. Seibertgreen
scotus · 2004 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See Martinez, 272 S.W.3d at 620, 626-27 ; see also Seibert, 542 U.S. at 615-16 , 124 S.Ct. at 2614 .

2010See Martinez, 272 S.W.3d at 620, 626-27 ; see also Seibert, 542 U.S. at 615-16 , 124 S.Ct. at 2614 .

22
Martinez v. Stategreen
texcrimapp · 2008 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See Martinez , 272 S.W.3d at 620, 626-27 ; see also Seibert , 542 U.S. at 615-16 , 124 S. Ct. at 2614 .

2010See Martinez, 272 S.W.3d at 620, 626-27 ; see also Seibert, 542 U.S. at 615-16 , 124 S.Ct. at 2614 .

22
Clarke v. Stategreen
texapp · 1996 · cited in 2 Texas opinions naming this issue, 2003–2003
2 sentences

2003We have previously stated that "[w]hen the failure to assert the right [to speedy trial] is made so late and never heard until trial, it weakens all the other factors because they are so dependent upon the assertion." Clarke v. State , 928 S.W.2d 709, 718 (Tex. App.--Fort Worth 1996, pet. ref'd) (op. on reh'g); see Haney , 977 S.W.2d at 643 .

2003We have previously stated that “[w]hen the failure to assert the right [to speedy trial] is made so late and never heard until trial, it weakens all the other factors because they are so dependent upon the assertion.” Clarke v. State , 928 S.W.2d 709, 718 (Tex. App.—Fort Worth 1996, pet. ref’d) (op. on reh'g); see Haney , 977 S.W.2d at 643 .

22
Haney v. Stategreen
texapp · 1998 · cited in 2 Texas opinions naming this issue, 2003–2003
2 sentences

2003We have previously stated that "[w]hen the failure to assert the right [to speedy trial] is made so late and never heard until trial, it weakens all the other factors because they are so dependent upon the assertion." Clarke v. State , 928 S.W.2d 709, 718 (Tex. App.--Fort Worth 1996, pet. ref'd) (op. on reh'g); see Haney , 977 S.W.2d at 643 .

2003We have previously stated that “[w]hen the failure to assert the right [to speedy trial] is made so late and never heard until trial, it weakens all the other factors because they are so dependent upon the assertion.” Clarke v. State , 928 S.W.2d 709, 718 (Tex. App.—Fort Worth 1996, pet. ref’d) (op. on reh'g); see Haney , 977 S.W.2d at 643 .

22
Kelly Inv. v. BASIC CAPITAL MANAGEMENTgreen
texapp · 2002 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Kelly Inv., Inc. v. Basic Capital Mgmt., Inc., 85 S.W.3d 371, 376 (Tex. App.—Dallas 2002, no pet.) (case involving multiple defendants would be “most efficiently resolved in a single forum”).

11
William Alan Kennedy v. Stategreen
texapp · 2013 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020See id.

11
In Re TDCgreen
texapp · 2002 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018V.L.K., 24 S.W.3d at 342–43; see also T.D.C., 91 S.W.3d at 873 (requiring that the appointment of a new conservator be a positive improvement for the child).

11
Snowden, Rion Phealgreen
texcrimapp · 2011 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017See Snowden, 353 S.W.3d at 822 .

11
Thai Ngoc Nguyen v. Stategreen
texcrimapp · 2009 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014App. 2009) (defendant presented himself to Mississippi sheriff to “turn himself in” for his wife’s murder; defendant not under arrest when he spoke by telephone with Texas investigating officer, even if officer had probable cause to secure warrant, which he had not done; defendant failed to establish he was in custody during telephone conversation with Texas officer). 8 Nguyen v. State, 292 S.W.3d 671, 677 (Tex. Crim.

11
State Farm Mutual Automobile Insurance v. Campbellgreen
scotus · 2003 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See Campbell, 538 U.S. at 419 .

11
Barker v. Wingogreen
scotus · 1972 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012Gonzales now appeals, 2 arguing the trial court erred in weighing the third and fourth factors against him when it denied his motion to dismiss for lack of a speedy trial. 1 Barker v. Wingo, 407 U.S. 514, 530 (1972). 2 After the trial court denied the motion to dismiss, Gonzales pleaded no contest to the charge of injury to a child.

11
Perry Homes v. Cullgreen
tex · 2008 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See id.

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 (6)

CaseCitedYears
Cantu v. State green
texcrimapp · 2008
2 sentences

2025The defendant’s burden of proof on the third and fourth factors “‘varies inversely’ with the State’s degree of culpability for the delay.” Cantu, 253 S.W.3d at 280 .

2025The defendant’s burden of proof on the third and fourth factors “‘varies inversely’ with the State’s degree of culpability for the delay.” Cantu, 253 S.W.3d at 280 .

42023–2025
Monge v. State green
texcrimapp · 2010
1 sentence

2022Monge, 315 S.W.3d at 40 ; Martinez v. State, 620 S.W.3d 734 , 742 (Tex. Crim.

12022–2022
In Re VLK green
tex · 2000
1 sentence

2018V.L.K., 24 S.W.3d at 342–43; see also T.D.C., 91 S.W.3d at 873 (requiring that the appointment of a new conservator be a positive improvement for the child).

12018–2018
Gardner v. State green
texcrimapp · 2009
1 sentence

2014Ruff claims that the third and fourth factors are applicable to her situation. 7 Gardner v. State, 306 S.W.3d 274 , 293–95 (Tex. Crim.

12014–2014
Erdman v. State green
texcrimapp · 1993
1 sentence

2006The court of criminal appeals held that the third and fourth warnings were extra-statutory and were of a type “that would normally result in considerable psychological pressure upon a DWI suspect.” Id. at 894 .

12006–2006
Juarez v. State red
texcrimapp · 1988
1 sentence

1989Free and voluntary-execution of a written consent to the search is an intervening factor that weighs heavily in favor of the State, Juarez, 758 S.W.2d at 782 , but allegations of official misconduct in obtaining the consent would necessarily weaken the consent.

11989–1989

Statutes the citing opinions construe

TX § Tex. Penal Code § 19.02 (4) TX § Tex. Penal Code § 22.01 (4) TX § Tex. Penal Code § 1.07 (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 21 (1989–2025) IL 21 (2000–2026) WI 9 (2002–2024) WA 8 (1995–2026) MI 7 (1996–2025) CA 7 (1980–2024) OH 6 (1999–2024) NJ 5 (2003–2019) NM 5 (1999–2022) OR 4 (2015–2025) MS 4 (1991–2005) LA 4 (1990–2018) CO 3 (2024–2026) VT 3 (2008–2025) GA 3 (2007–2010) MN 3 (2013–2016) MT 2 (2012–2012) AZ 2 (1985–2018) OK 2 (2017–2017) KS 2 (1995–2020) ND 2 (2018–2018) WY 2 (2010–2018) MO 2 (2017–2025) NC 2 (2006–2012) DE 2 (2019–2025) NY 2 (2015–2015) NH 2 (2020–2025) SC 2 (2020–2025) PA 2 (2003–2019)

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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