Delay The Barker test (Texas) · Go Syfert
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Delay The Barker test in Texas

15 Texas opinions name it 1 courts 2002–2024 1 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 (3)

CaseFollowedCited
Celestine v. Stategreen
texapp · 2009 · cited in 2 Texas opinions naming this issue, 2014–2024
2 sentences

2024A. Length of Delay The Barker test is triggered by a delay unreasonable enough to be “presumptively prejudicial.” Celestine v. State, 356 S.W.3d 502, 507 (Tex. App.— Houston [14th Dist.] 2009, no pet.).

2014A. Length of the Delay The Barker test is triggered by a delay unreasonable enough to be “presumptively prejudicial.” 8 Celestine v. State, 356 S.W.3d 502, 507 (Tex.App.Houston [14th Dist.] 2009, no pet.) Until there is some delay which is presumptively prejudicial, there is no necessity for inquiry into the other factors that go into the balance.

22
Shaw v. Stategreen
texcrimapp · 2003 · cited in 1 Texas opinions naming this issue, 2014–2014
2 sentences

2014Id. at 507 n. 3 (citing Barker, 407 U.S. at 530 , 92 S.Ct. 2182 ); see also Shaw v. State, 117 S.W.3d 883, 889 (Tex.Crim.App.2003).

2014Id. at 507 n. 3 (citing Barker, 407 U.S. at 530 , 92 S.Ct. 2182 ); see also Shaw v. State, 117 S.W.3d 883, 889 (Tex.Crim.App.2003).

11
Joseph Avery Robinson v. John P. Whitley, Warden, Louisiana State Penitentiarygreen
ca5 · 1993 · cited in 1 Texas opinions naming this issue, 2009–2009
1 sentence

2009Cantu, 253 S.W.3d at 280 -81 (citing Robinson v. Whitley, 2 F.3d 562, 570 (5th Cir. 1993)). 5 A. Length of Delay The Barker test is triggered by a delay that is unreasonable enough to be presumptively prejudicial.

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 (5)

CaseCitedYears
Doggett v. United States green
scotus · 1992
2 sentences

2010Length of Delay The Barker test is triggered by a delay that is unreasonable enough to be “presumptively prejudicial.” Doggett v. United States, 505 U.S. 647 , 652 n. 1, 112 S.Ct. 2686 , 120 L.Ed.2d 520 (1992); Cantu, 253 S.W.3d at 281 .

2010Length of Delay The Barker test is triggered by a delay that is unreasonable enough to be “presumptively prejudicial.” Doggett v. United States, 505 U.S. 647 , 652 n. 1, 112 S.Ct. 2686 , 120 L.Ed.2d 520 (1992); Cantu, 253 S.W.3d at 281 .

102002–2011
Cantu v. State green
texcrimapp · 2008
2 sentences

2010Length of Delay The Barker test is triggered by a delay that is unreasonable enough to be “presumptively prejudicial.” Doggett v. United States, 505 U.S. 647 , 652 n.1 (1992); Cantu, 253 S.W.3d at 281 .

2010Length of Delay The Barker test is triggered by a delay that is unreasonable enough to be “presumptively prejudicial.” Doggett v. United States, 505 U.S. 647 , 652 n. 1, 112 S.Ct. 2686 , 120 L.Ed.2d 520 (1992); Cantu, 253 S.W.3d at 281 .

72003–2011
Zamorano v. State green
texcrimapp · 2002
2 sentences

2014Id. (a) Length of the Delay The Barker test is triggered by a delay that is unreasonable enough to be considered presumptively prejudicial.

2014Id. (a) Length of the Delay The Barker test is triggered by a delay that is unreasonable enough to be considered presumptively prejudicial.

22014–2019
Barker v. Wingo green
scotus · 1972
2 sentences

2019Barker, 407 U.S. at 281 .

2014Id. at 507 n. 3 (citing Barker, 407 U.S. at 530 , 92 S.Ct. 2182 ); see also Shaw v. State, 117 S.W.3d 883, 889 (Tex.Crim.App.2003).

22014–2019
State v. Davis green
texapp · 2017
2 sentences

2019Davis, 549 S.W.3d at 697 . “[T]he delay that can be tolerated for an ordinary street crime is considerably less than for a serious, complex conspiracy charge.” Id. (quoting Zamorano, 84 S.W.3d at 649 ).

2019Davis, 549 S.W.3d at 697 . “[T]he delay that can be tolerated for an ordinary street crime is considerably less than for a serious, complex conspiracy charge.” Id. (quoting Zamorano, 84 S.W.3d at 649 ).

12019–2019

Statutes the citing opinions construe

TX § Tex. Penal Code § 7.02 (4)

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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