cross-examination privilege in Texas

17 Texas opinions name it 2 courts 1924–2020 0 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 (10)

Case	Followed	Cited
United States v. Elias Martinezgreen ca5 · 1980 · cited in 4 Texas opinions naming this issue, 2002–2006 2 sentences 2006United States v. Martinez , 630 F.2d 361, 362 (5th Cir. 1980). 2005United States v. Martinez, 630 F.2d 361, 362 (5th Cir.1980). .	4	4
Cassidy v. Stategreen texapp · 2004 · cited in 3 Texas opinions naming this issue, 2004–2004 2 sentences 2004See Cassidy , No. 03-03-00098-CR, 2004 WL 1114483, at 4 . 2004See Cassidy , No. 03-03-00098-CR, 2004 WL 1114483, at 4 .	3	3
Paredes, Jovany Jamphergreen texcrimapp · 2015 · cited in 2 Texas opinions naming this issue, 2019–2019 2 sentences 2019See Paredes, 462 S.W.3d at 519 ; Garrett, 518 S.W.3d at 555 . 2019See Paredes, 462 S.W.3d at 518–19.	2	2
Garrett v. Stategreen texapp · 1999 · cited in 1 Texas opinions naming this issue, 2020–2020 2 sentences 2020See Van Arsdall, 475 U.S. at 679 ; Johnson, 490 S.W.3d at 910 ; see also Garrett v. State, 998 S.W.2d 307, 317-18 (Tex.App.—Texarkana 1999, pet. ref’d)(holding that the trial court did not abuse its discretion in limiting the defendant’s cross-examination where the defense was asking questions which had already been answered). 2020See id. (holding that the trial court did not abuse its discretion by limiting the defendant’s cross-examination where defense counsel’s question revealing, on an asserted “good faith basis,” that an alleged alternative perpetrator was in jail for child molesting improperly assumed facts not in evidence); Garrett, 998 S.W.2d at 318 (holding that the trial court did not abuse its discretion in limiting the defendant’s cross-examination where the defense testified while questioning the witness and made improper side-bar remarks).	1	1
Delaware v. Van Arsdallgreen scotus · 1986 · cited in 1 Texas opinions naming this issue, 2020–2020 1 sentence 2020See Van Arsdall, 475 U.S. at 679 ; Johnson, 490 S.W.3d at 910 ; see also Garrett v. State, 998 S.W.2d 307, 317-18 (Tex.App.—Texarkana 1999, pet. ref’d)(holding that the trial court did not abuse its discretion in limiting the defendant’s cross-examination where the defense was asking questions which had already been answered).	1	1
Duncan v. Stategreen texapp · 2003 · cited in 1 Texas opinions naming this issue, 2020–2020 1 sentence 2020See id. (holding that the trial court did not abuse its discretion by limiting the defendant’s cross-examination where defense counsel’s question revealing, on an asserted “good faith basis,” that an alleged alternative perpetrator was in jail for child molesting improperly assumed facts not in evidence); Garrett, 998 S.W.2d at 318 (holding that the trial court did not abuse its discretion in limiting the defendant’s cross-examination where the defense testified while questioning the witness and made improper side-bar remarks).	1	1
Jaubert v. Stategreen texcrimapp · 2002 · cited in 1 Texas opinions naming this issue, 2014–2014 1 sentence 2014See Jaubert, 74 S.W.3d at 4 (holding counsel could not be ineffective for failing to object to 404(b) evidence on the basis of a lack of notice because the evidence was introduced on the State’s cross-examination of a defense witness and from rebuttal witnesses and thus Rule 404(b)’s notice requirement did not apply to that evidence).	1	1
Ex Parte Prejeangreen texcrimapp · 1981 · cited in 1 Texas opinions naming this issue, 2005–2005 1 sentence 2005United States v. Martinez, 630 F.2d 361, 362 (5th Cir.1980). [53] See Mickens v. Taylor, 535 U.S. 162, 171-74 , 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002) (citing Cuyler v. Sullivan, 446 U.S. at 348-50 , 100 S.Ct. 1708 ). [54] Strickland, 466 U.S. at 693 , 104 S.Ct. 2052 . [55] Wheat v. United States, 486 U.S. 153, 158-59 , 108 S.Ct. 1692 , 100 L.Ed.2d 140 (1988) (Sixth Amendment affords criminal defendants the right of counsel and, absent a conflict of interest or similar ethical problem necessitating disqualification, the right to privately retained counsel of their own choosing); Ex parte Prej	1	1
Stearnes v. Clintongreen texcrimapp · 1989 · cited in 1 Texas opinions naming this issue, 2005–2005 1 sentence 2005United States v. Martinez, 630 F.2d 361, 362 (5th Cir.1980). [53] See Mickens v. Taylor, 535 U.S. 162, 171-74 , 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002) (citing Cuyler v. Sullivan, 446 U.S. at 348-50 , 100 S.Ct. 1708 ). [54] Strickland, 466 U.S. at 693 , 104 S.Ct. 2052 . [55] Wheat v. United States, 486 U.S. 153, 158-59 , 108 S.Ct. 1692 , 100 L.Ed.2d 140 (1988) (Sixth Amendment affords criminal defendants the right of counsel and, absent a conflict of interest or similar ethical problem necessitating disqualification, the right to privately retained counsel of their own choosing); Ex parte Prej	1	1
United States v. Miguel Candelaria-Gonzalez and Manuel Ledesma-Ruizgreen ca5 · 1977 · cited in 1 Texas opinions naming this issue, 1989–1989 1 sentence 1989In United States v. Candelaria-Gonzalez, 547 F.2d 291, 294-97 (5th Cir.1977), the prosecutor’s improper cross-examination of defense witnesses and the trial court’s disparagement of defense counsel in the presence of the jury combined to render the trial fundamentally unfair.	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (13)

Case	Cited	Years
Strickland v. Washington green scotus · 1984 2 sentences 2005United States v. Martinez, 630 F.2d 361, 362 (5th Cir.1980). [53] See Mickens v. Taylor, 535 U.S. 162, 171-74 , 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002) (citing Cuyler v. Sullivan, 446 U.S. at 348-50 , 100 S.Ct. 1708 ). [54] Strickland, 466 U.S. at 693 , 104 S.Ct. 2052 . [55] Wheat v. United States, 486 U.S. 153, 158-59 , 108 S.Ct. 1692 , 100 L.Ed.2d 140 (1988) (Sixth Amendment affords criminal defendants the right of counsel and, absent a conflict of interest or similar ethical problem necessitating disqualification, the right to privately retained counsel of their own choosing); Ex parte Prej 2005The standard by which ineffective assistance claims are governed is found in the U.S. Supreme Court’s pronouncement in Strickland v. Washington , 466 U.S. 668 (1984).	2	2005–2005
Johnson v. State green texcrimapp · 2016 1 sentence 2020See Van Arsdall, 475 U.S. at 679 ; Johnson, 490 S.W.3d at 910 ; see also Garrett v. State, 998 S.W.2d 307, 317-18 (Tex.App.—Texarkana 1999, pet. ref’d)(holding that the trial court did not abuse its discretion in limiting the defendant’s cross-examination where the defense was asking questions which had already been answered).	1	2020–2020
Garrett v. State green texapp · 2017 1 sentence 2019See Paredes, 462 S.W.3d at 519 ; Garrett, 518 S.W.3d at 555 .	1	2019–2019
Cuyler v. Sullivan green scotus · 1980 2 sentences 2005United States v. Martinez, 630 F.2d 361, 362 (5th Cir.1980). [53] See Mickens v. Taylor, 535 U.S. 162, 171-74 , 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002) (citing Cuyler v. Sullivan, 446 U.S. at 348-50 , 100 S.Ct. 1708 ). [54] Strickland, 466 U.S. at 693 , 104 S.Ct. 2052 . [55] Wheat v. United States, 486 U.S. 153, 158-59 , 108 S.Ct. 1692 , 100 L.Ed.2d 140 (1988) (Sixth Amendment affords criminal defendants the right of counsel and, absent a conflict of interest or similar ethical problem necessitating disqualification, the right to privately retained counsel of their own choosing); Ex parte Prej 2005United States v. Martinez, 630 F.2d 361, 362 (5th Cir.1980). [53] See Mickens v. Taylor, 535 U.S. 162, 171-74 , 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002) (citing Cuyler v. Sullivan, 446 U.S. at 348-50 , 100 S.Ct. 1708 ). [54] Strickland, 466 U.S. at 693 , 104 S.Ct. 2052 . [55] Wheat v. United States, 486 U.S. 153, 158-59 , 108 S.Ct. 1692 , 100 L.Ed.2d 140 (1988) (Sixth Amendment affords criminal defendants the right of counsel and, absent a conflict of interest or similar ethical problem necessitating disqualification, the right to privately retained counsel of their own choosing); Ex parte Prej	1	2005–2005
Mickens v. Taylor green scotus · 2002 2 sentences 2005United States v. Martinez, 630 F.2d 361, 362 (5th Cir.1980). [53] See Mickens v. Taylor, 535 U.S. 162, 171-74 , 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002) (citing Cuyler v. Sullivan, 446 U.S. at 348-50 , 100 S.Ct. 1708 ). [54] Strickland, 466 U.S. at 693 , 104 S.Ct. 2052 . [55] Wheat v. United States, 486 U.S. 153, 158-59 , 108 S.Ct. 1692 , 100 L.Ed.2d 140 (1988) (Sixth Amendment affords criminal defendants the right of counsel and, absent a conflict of interest or similar ethical problem necessitating disqualification, the right to privately retained counsel of their own choosing); Ex parte Prej 2005United States v. Martinez, 630 F.2d 361, 362 (5th Cir.1980). [53] See Mickens v. Taylor, 535 U.S. 162, 171-74 , 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002) (citing Cuyler v. Sullivan, 446 U.S. at 348-50 , 100 S.Ct. 1708 ). [54] Strickland, 466 U.S. at 693 , 104 S.Ct. 2052 . [55] Wheat v. United States, 486 U.S. 153, 158-59 , 108 S.Ct. 1692 , 100 L.Ed.2d 140 (1988) (Sixth Amendment affords criminal defendants the right of counsel and, absent a conflict of interest or similar ethical problem necessitating disqualification, the right to privately retained counsel of their own choosing); Ex parte Prej	1	2005–2005
Wheat v. United States green scotus · 1988 2 sentences 2005United States v. Martinez, 630 F.2d 361, 362 (5th Cir.1980). [53] See Mickens v. Taylor, 535 U.S. 162, 171-74 , 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002) (citing Cuyler v. Sullivan, 446 U.S. at 348-50 , 100 S.Ct. 1708 ). [54] Strickland, 466 U.S. at 693 , 104 S.Ct. 2052 . [55] Wheat v. United States, 486 U.S. 153, 158-59 , 108 S.Ct. 1692 , 100 L.Ed.2d 140 (1988) (Sixth Amendment affords criminal defendants the right of counsel and, absent a conflict of interest or similar ethical problem necessitating disqualification, the right to privately retained counsel of their own choosing); Ex parte Prej 2005United States v. Martinez, 630 F.2d 361, 362 (5th Cir.1980). [53] See Mickens v. Taylor, 535 U.S. 162, 171-74 , 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002) (citing Cuyler v. Sullivan, 446 U.S. at 348-50 , 100 S.Ct. 1708 ). [54] Strickland, 466 U.S. at 693 , 104 S.Ct. 2052 . [55] Wheat v. United States, 486 U.S. 153, 158-59 , 108 S.Ct. 1692 , 100 L.Ed.2d 140 (1988) (Sixth Amendment affords criminal defendants the right of counsel and, absent a conflict of interest or similar ethical problem necessitating disqualification, the right to privately retained counsel of their own choosing); Ex parte Prej	1	2005–2005
Gaddis v. State green texcrimapp · 1988 2 sentences 1997Gaddis, 753 S.W.2d at 398 . 1997Gaddis, 753 S.W.2d at 398 .	1	1997–1997
Smith v. State green texcrimapp · 1967 1 sentence 1971Smith v. State, Tex.Cr.App., 411 S.W.2d 548 ; Vance v. State, Tex.Cr.App., 365 S.W.2d 182 .	1	1971–1971
Vance v. State green texcrimapp · 1963 1 sentence 1971Smith v. State, Tex.Cr.App., 411 S.W.2d 548 ; Vance v. State, Tex.Cr.App., 365 S.W.2d 182 .	1	1971–1971
James Raymond Neal v. United States green ca9 · 1969 1 sentence 1970People v. Moll, supra. Neal v. United States, 415 F.2d 599 (9th Cir.) held the Bruton error there harmless under Harrington and noted that the harmless error rule as applied to admitting the confession of a co-defendant implicating defendant is not limited to circumstances in which a co-defendant whose confession was received was available for cross-examination.	1	1970–1970
People v. Surrago neutral ny · 1969 1 sentence 1970That it came voluntarily from Nathaniel instead of being wrung from him on cross-examination shows only that cross-examination was unnecessary and not that it was unavailable.” 4 Some courts have gone so far as to hold that Bruton can be distinguished where there is an opportunity to cross examine at a Jackson v. Denno type hearing, 5 see People v. Galloway, 24 N.Y. 2d 935 , 301 N.Y.S.2d 994 , 249 N.E.2d 771 , though it is recognized the cross-examination at such hearing is not on a par with cross-examination at the trial on merits in the presence of the jury.	1	1970–1970
People v. Galloway neutral ny · 1969 2 sentences 1970That it came voluntarily from Nathaniel instead of being wrung from him on cross-examination shows only that cross-examination was unnecessary and not that it was unavailable.” 4 Some courts have gone so far as to hold that Bruton can be distinguished where there is an opportunity to cross examine at a Jackson v. Denno type hearing, 5 see People v. Galloway, 24 N.Y. 2d 935 , 301 N.Y.S.2d 994 , 249 N.E.2d 771 , though it is recognized the cross-examination at such hearing is not on a par with cross-examination at the trial on merits in the presence of the jury. 1970That it came voluntarily from Nathaniel instead of being wrung from him on cross-examination shows only that cross-examination was unnecessary and not that it was unavailable.” 4 Some courts have gone so far as to hold that Bruton can be distinguished where there is an opportunity to cross examine at a Jackson v. Denno type hearing, 5 see People v. Galloway, 24 N.Y. 2d 935 , 301 N.Y.S.2d 994 , 249 N.E.2d 771 , though it is recognized the cross-examination at such hearing is not on a par with cross-examination at the trial on merits in the presence of the jury.	1	1970–1970
Gothard v. State neutral texcrimapp · 1923 1 sentence 1924The witness was not asked what the reputation of appellant was in regard to making or selling whisky, which is the matter announced as objectionable in Gothard v. State, and Burns v. State, 252 S. W.	1	1924–1924

Where else courts name it

NY 65 (1896–2024) TX 17 (1924–2020) IL 17 (1966–2025) MI 12 (1933–2024) CA 11 (1938–2022) FL 10 (1983–2019) PA 9 (1936–2019) RI 9 (1993–2021) CT 9 (1972–2020) AZ 7 (1973–2023) WA 6 (1910–2015) MA 6 (1978–2023) MO 5 (1973–2023) MD 5 (1983–2001) GA 5 (1983–2010) IN 5 (1989–2013) NM 4 (1998–2025) KY 4 (2013–2024) AL 4 (1954–1986) IA 4 (1949–2020) MS 4 (1990–1998) LA 4 (1953–2011) VA 4 (1922–2017) TN 3 (1922–1993) DC 3 (1976–2019) OH 3 (2004–2022) SC 3 (2004–2018) WI 2 (1994–2007) WY 2 (2008–2010) OK 2 (1975–2007) ME 2 (1985–2004) NC 2 (1997–2004)

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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