detention hearing (Texas) · Go Syfert
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detention hearing in Texas

18 Texas opinions name it 3 courts 1992–2022 2 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
United States v. Portillo-Aguirregreen
ca5 · 2002 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015United States v. Portillo- Aguirre, 311 F.3d 647, 655 (5th Cir. 2002).

2015United States v. Portillo- Aguirre, 311 F.3d 647, 655 (5th Cir. 2002).

22
Amores v. Stategreen
texcrimapp · 1991 · cited in 2 Texas opinions naming this issue, 2006–2006
2 sentences

2006Amores v. State, 816 S.W.2d 407, 412 (Tex.Crim.App.1991).

2006Amores v. State, 816 S.W.2d 407, 412 (Tex.Crim.App.1991).

22
MATTER OF CJP v. Stategreen
texapp · 1983 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021See, e.g., C.J.P. v. State, 650 S.W.2d 465 , 466–67 (Tex. App.— Houston [14th Dist.] 1983, no writ) (stating that because the proceeding in which a 38 juvenile court decides whether it waives its exclusive original jurisdiction and transfers the child to an appropriate criminal district court is not an adjudication of the child’s guilt or innocence, unlike a detention hearing, the child’s Fifth Amendment rights are not in issue); cf. In re N.B., No. 03-97-00766-CV, 1999 WL 214881 , at *1 (Tex. App.— Austin Apr. 15, 1999, no pet.) (not designated for publication) (collecting cases in which cour

11
State Ex Rel. Juvenile Department v. Charlesgreen
orctapp · 1984 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018Juvenile Department of Multnomah County v. Charles, 688 P.2d 1354, 1358 (Or.Ct.App. 1984)(holding that emergency removal of a child is initially purely a state law matter not subject to all ICWA requirements); Matter of the Welfare of J.A.S., 488 N.W.2d 332, 335 (Minn.Ct.App. 1992) (holding the testimony of a qualified Indian expert was not required at the initial detention hearing in the case since that hearing was an emergency removal); In re S.B., 130 Cal.App.4th 1148 , 30 Cal.Rptr.3d 726, 734-36 (Cal.Ct.App. 2005)(holding that not all provisions of ICWA apply to a detention/emergency remov

11
In Re SBgreen
calctapp · 2005 · cited in 1 Texas opinions naming this issue, 2018–2018
2 sentences

2018Juvenile Department of Multnomah County v. Charles, 688 P.2d 1354, 1358 (Or.Ct.App. 1984)(holding that emergency removal of a child is initially purely a state law matter not subject to all ICWA requirements); Matter of the Welfare of J.A.S., 488 N.W.2d 332, 335 (Minn.Ct.App. 1992) (holding the testimony of a qualified Indian expert was not required at the initial detention hearing in the case since that hearing was an emergency removal); In re S.B., 130 Cal.App.4th 1148 , 30 Cal.Rptr.3d 726, 734-36 (Cal.Ct.App. 2005)(holding that not all provisions of ICWA apply to a detention/emergency remov

2018Juvenile Department of Multnomah County v. Charles, 688 P.2d 1354, 1358 (Or.Ct.App. 1984)(holding that emergency removal of a child is initially purely a state law matter not subject to all ICWA requirements); Matter of the Welfare of J.A.S., 488 N.W.2d 332, 335 (Minn.Ct.App. 1992) (holding the testimony of a qualified Indian expert was not required at the initial detention hearing in the case since that hearing was an emergency removal); In re S.B., 130 Cal.App.4th 1148 , 30 Cal.Rptr.3d 726, 734-36 (Cal.Ct.App. 2005)(holding that not all provisions of ICWA apply to a detention/emergency remov

11
In Re the Welfare of J.A.S.green
minnctapp · 1992 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018Juvenile Department of Multnomah County v. Charles, 688 P.2d 1354, 1358 (Or.Ct.App. 1984)(holding that emergency removal of a child is initially purely a state law matter not subject to all ICWA requirements); Matter of the Welfare of J.A.S., 488 N.W.2d 332, 335 (Minn.Ct.App. 1992) (holding the testimony of a qualified Indian expert was not required at the initial detention hearing in the case since that hearing was an emergency removal); In re S.B., 130 Cal.App.4th 1148 , 30 Cal.Rptr.3d 726, 734-36 (Cal.Ct.App. 2005)(holding that not all provisions of ICWA apply to a detention/emergency remov

11
Wiede v. Stategreen
texcrimapp · 2007 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014See Wade, 422 S.W.3d at 668 ; Weide v. State, 214 S.W.3d 17, 25 (Tex. Crim.

11
Wade, Christopher Jamesgreen
texcrimapp · 2013 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014See Wade, 422 S.W.3d at 668 ; Weide v. State, 214 S.W.3d 17, 25 (Tex. Crim.

11
Adams v. Williamsgreen
scotus · 1972 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013When Warden Campbell simply repeated his 35 Adams v. Williams, 407 U.S. 143, 146 (1972); Carmouche, 10 S.W.3d at 329 .

11
Porath v. Stategreen
texapp · 2004 · cited in 1 Texas opinions naming this issue, 2006–2006
2 sentences

2006Citing Porath v. State , 148 S.W.3d 402 (Tex. App. C Houston [14th Dist.] 2004, no pet.), the State argues that by failing to raise the issue of the scope of the detention at the hearing, appellant waived this issue.

2006See 148 S.W.3d at 414 .

11
Davis v. Stategreen
texcrimapp · 1997 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002Davis v. State , 947 S.W.2d 240, 244 (Tex. Crim.

11
Matter of SAMgreen
texapp · 1996 · cited in 1 Texas opinions naming this issue, 1999–1999
1 sentence

1999See, e.g., In the Matter of M.M.R., 932 S.W.2d 112 , 113 (Tex.App.-El Paso 1996, no writ); In the Matter of S.A.M., 933 S.W.2d 744, 745 (Tex.App.-San Antonio 1996, no writ).

11
Matter of MMRgreen
texapp · 1996 · cited in 1 Texas opinions naming this issue, 1999–1999
1 sentence

1999See, e.g., In the Matter of M.M.R., 932 S.W.2d 112 , 113 (Tex.App.-El Paso 1996, no writ); In the Matter of S.A.M., 933 S.W.2d 744, 745 (Tex.App.-San Antonio 1996, no writ).

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 (7)

CaseCitedYears
Adair v. Kupper green
texapp · 1994
2 sentences

1996Nor do we read the case cited to us in support of this proposition, Adair v. Kupper, 890 S.W.2d 216 (Tex. App.-Amarillo 1994, no writ), as requiring this result.

1996Nor do we read the case cited to us in support of this proposition, Adair v. Kupper, 890 S.W.2d 216 (Tex.App.-Amarillo 1994, no writ), as requiring this result.

21996–1996
Moore v. State green
texcrimapp · 2017
1 sentence

2022Further, Armijo gave uncontroverted testimony that C.C.C. reported to her weekly throughout the pendency of the case. 10 In light of the foregoing, we conclude the juvenile court abused its discretion in finding, by a preponderance of the evidence, that “for a reason beyond the control of the state, it was not practicable to proceed in juvenile court before [C.C.C.]’s 18th birthday.” See id. § 53.02(j)(4)(A).

12022–2022
Carmouche v. State green
texcrimapp · 2000
1 sentence

2013When Warden Campbell simply repeated his 35 Adams v. Williams, 407 U.S. 143, 146 (1972); Carmouche, 10 S.W.3d at 329 .

12013–2013
Kothe v. State green
texcrimapp · 2004
1 sentence

2008Id. at 64 .

12008–2008
Matter of AB green
texapp · 1994
1 sentence

2008Code Ann. § 51.04 (a) (Vernon 2002). 8 … See id. § 51.02(2)(A) (stating a “child” is a person who is ten years of age or older but under seventeen years of age). 9 … See id. § 53.04(d) (setting forth requirements of petition to adjudicate); In re A.B., 868 S.W.2d 938 , 940–41 (Tex. App.—Fort Worth 1994, no writ) (discussing notice requirements for petition to adjudicate). 10 … See Tex. Fam.

12008–2008
St. George v. State green
texapp · 2006
1 sentence

2007Id. at 823 .

12007–2007
Comer v. State green
texcrimapp · 1989
1 sentence

1992Comer v. State , 776 S.W.2d 191 (Tex. Crim.

11992–1992

Statutes the citing opinions construe

TX § Tex. Fam. Code § 56.01 (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.

Where else courts name it

CA 281 (1932–2026) IL 209 (1968–2026) FL 29 (1981–2019) NJ 23 (1985–2024) PA 22 (1974–2025) OR 22 (1976–2022) GA 21 (1972–2018) NE 21 (1987–2025) TX 18 (1992–2022) OH 12 (1896–2025) IN 11 (1981–2018) NM 10 (2000–2023) DC 10 (1973–2024) KY 8 (1950–2013) MA 5 (1993–2019) AK 5 (1971–1993) VA 5 (1989–2015) WV 4 (1984–2014) UT 4 (2022–2026) WI 4 (1989–2002) KS 4 (1979–2011) ND 3 (1996–2022) MI 3 (2015–2022) CT 3 (1994–2009) VI 3 (2008–2014) SD 3 (1985–2012) NH 3 (1989–1993) NY 3 (1964–1993) OK 2 (1998–2013) AL 2 (1994–2025) MO 2 (2016–2022) NC 2 (1998–1998)

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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