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

15 Texas opinions name it 3 courts 1984–2023 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 (10)

CaseFollowedCited
Holloway v. Stategreen
texcrimapp · 1989 · cited in 4 Texas opinions naming this issue, 1993–2007
2 sentences

2007See Patterson, 487 U.S. at 290 n. 3, 108 S.Ct. 2389 (“Once an accused has a lawyer, a distinct set of constitutional safeguards aimed at preserving the sanctity of the attorney-client relationship takes effect.”); Burbine, 475 U.S. at 428 , 106 S.Ct. 1135 (“[0]nce the [Sixth Amendment] right has attached, it follows that the police may not interfere with the efforts of a defendant’s attorney to act as a ‘ “medium” between [the suspect] and the State.’”); Holloway, 780 S.W.2d at 795 (“[W]e hold that where a relationship between the accused and his attorney has become applicable, the Sixth Amend

2007See Patterson, 487 U.S. at 290 n. 3, 108 S.Ct. 2389 (“Once an accused has a lawyer, a distinct set of constitutional safeguards aimed at preserving the sanctity of the attorney-client relationship takes effect.”); Burbine, 475 U.S. at 428 , 106 S.Ct. 1135 (“[0]nce the [Sixth Amendment] right has attached, it follows that the police may not interfere with the efforts of a defendant’s attorney to act as a ‘ “medium” between [the suspect] and the State.’”); Holloway, 780 S.W.2d at 795 (“[W]e hold that where a relationship between the accused and his attorney has become applicable, the Sixth Amend

44
Patterson v. Illinoisgreen
scotus · 1988 · cited in 3 Texas opinions naming this issue, 2007–2007
2 sentences

2007See Patterson, 487 U.S. at 290 n. 3, 108 S.Ct. 2389 (“Once an accused has a lawyer, a distinct set of constitutional safeguards aimed at preserving the sanctity of the attorney-client relationship takes effect.”); Burbine, 475 U.S. at 428 , 106 S.Ct. 1135 (“[0]nce the [Sixth Amendment] right has attached, it follows that the police may not interfere with the efforts of a defendant’s attorney to act as a ‘ “medium” between [the suspect] and the State.’”); Holloway, 780 S.W.2d at 795 (“[W]e hold that where a relationship between the accused and his attorney has become applicable, the Sixth Amend

2007See Patterson, 487 U.S. at 290 n. 3, 108 S.Ct. 2389 (“Once an accused has a lawyer, a distinct set of constitutional safeguards aimed at preserving the sanctity of the attorney-client relationship takes effect.”); Burbine, 475 U.S. at 428 , 106 S.Ct. 1135 (“[0]nce the [Sixth Amendment] right has attached, it follows that the police may not interfere with the efforts of a defendant’s attorney to act as a ‘ “medium” between [the suspect] and the State.’”); Holloway, 780 S.W.2d at 795 (“[W]e hold that where a relationship between the accused and his attorney has become applicable, the Sixth Amend

33
Upton v. Stategreen
texcrimapp · 1993 · cited in 3 Texas opinions naming this issue, 2007–2007
2 sentences

2007See Patterson, 487 U.S. at 290 n. 3, 108 S.Ct. 2389 (“Once an accused has a lawyer, a distinct set of constitutional safeguards aimed at preserving the sanctity of the attorney-client relationship takes effect.”); Burbine, 475 U.S. at 428 , 106 S.Ct. 1135 (“[0]nce the [Sixth Amendment] right has attached, it follows that the police may not interfere with the efforts of a defendant’s attorney to act as a ‘ “medium” between [the suspect] and the State.’”); Holloway, 780 S.W.2d at 795 (“[W]e hold that where a relationship between the accused and his attorney has become applicable, the Sixth Amend

2007See Patterson, 487 U.S. at 290 n. 3, 108 S.Ct. 2389 (“Once an accused has a lawyer, a distinct set of constitutional safeguards aimed at preserving the sanctity of the attorney-client relationship takes effect.”); Burbine, 475 U.S. at 428 , 106 S.Ct. 1135 (“[0]nce the [Sixth Amendment] right has attached, it follows that the police may not interfere with the efforts of a defendant’s attorney to act as a ‘ “medium” between [the suspect] and the State.’”); Holloway, 780 S.W.2d at 795 (“[W]e hold that where a relationship between the accused and his attorney has become applicable, the Sixth Amend

33
Moran v. Burbinegreen
scotus · 1986 · cited in 3 Texas opinions naming this issue, 2007–2007
2 sentences

2007See Patterson, 487 U.S. at 290 n. 3, 108 S.Ct. 2389 (“Once an accused has a lawyer, a distinct set of constitutional safeguards aimed at preserving the sanctity of the attorney-client relationship takes effect.”); Burbine, 475 U.S. at 428 , 106 S.Ct. 1135 (“[0]nce the [Sixth Amendment] right has attached, it follows that the police may not interfere with the efforts of a defendant’s attorney to act as a ‘ “medium” between [the suspect] and the State.’”); Holloway, 780 S.W.2d at 795 (“[W]e hold that where a relationship between the accused and his attorney has become applicable, the Sixth Amend

2007See Patterson, 487 U.S. at 290 n. 3, 108 S.Ct. 2389 (“Once an accused has a lawyer, a distinct set of constitutional safeguards aimed at preserving the sanctity of the attorney-client relationship takes effect.”); Burbine, 475 U.S. at 428 , 106 S.Ct. 1135 (“[0]nce the [Sixth Amendment] right has attached, it follows that the police may not interfere with the efforts of a defendant’s attorney to act as a ‘ “medium” between [the suspect] and the State.’”); Holloway, 780 S.W.2d at 795 (“[W]e hold that where a relationship between the accused and his attorney has become applicable, the Sixth Amend

23
Hollin v. Stategreen
texapp · 2007 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Hollin v. State, 227 S.W.3d 117, 122 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d) (because statutes were not in pari materia, trial court did not err in denying motion to quash indictment).

2015See Hollin v. State, 227 S.W.3d 117, 122 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d) (because statutes were not in pari materia, trial court did not err in denying motion to quash indictment).

22
Hudson v. Stategreen
texcrimapp · 1984 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023On this record, we conclude that Holloway failed to preserve his issue challenging the State’s questioning of him.4 See Hudson v. State, 675 S.W.2d 507, 511 (Tex. Crim.

11
Schuchmann v. Schuchmanngreen
texapp · 2006 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020See Schuchmann, 193 S.W.3d at 603 .

11
Garcia v. Peeplesgreen
tex · 1987 · cited in 1 Texas opinions naming this issue, 2016–2016
2 sentences

2016See Garcia, 734 S.W.2d at 345 ; In re Toyota Motor Corp., 191 S.W.3d at 503 .

2016See Garcia, 734 S.W.2d at 345 ; In re Toyota Motor Corp., 191 S.W.3d at 503 . 2.

11
Moore v. Kitsmillergreen
texapp · 2006 · cited in 1 Texas opinions naming this issue, 2009–2009
1 sentence

2009Moore v. Kitsm iller, 201 S.W.3d 147, 151 (Tex. App.–Tyler 2006, pet. denied).

11
Morgan Stanley & Co. v. Texas Oil Co.green
tex · 1998 · cited in 1 Texas opinions naming this issue, 2000–2000
2 sentences

2000Morgan Stanley, 958 S.W.2d 178, 179 (Tex.1997).

2000Morgan Stanley, 958 S.W.2d 178, 179 (Tex.1997).

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
In re K.C.A. green
texapp · 1998
2 sentences

2000After an "In re Holloway motion to consider indigence" was filed in the court of appeals on January 21, 1999, that court ordered the district clerk and court reporter to prepare transcripts of the two indigence hearings conducted by the trial court. 29 S.W.3d 569 .

2000After an “In re Holloway motion to consider indigence” was filed in the court of appeals on January 21, 1999, that court ordered the district clerk and court reporter to prepare transcripts of the two indigence hearings conducted by the trial court. 29 S.W.3d 569 .

22000–2000
Cuyler v. Sullivan green
scotus · 1980
2 sentences

1985Second, the Court held that without a trial objection, Holloway’s presumption of harm will not be applied. ‘In order to establish a violation of the Sixth Amendment, a defendant who raised no objection at trial must demonstrate that an actual conflict of interest adversely affected his lawyer’s performance.’ Id. [ 100 S.Ct. at 1718 ].” (Quoting the Panel Opinion at pp. 400-491.) 4 Further, in Holloway v. Arkansas, supra, the Court noted that when timely motion is made by defense counsel, representing several defendants, for appointment of separate counsel because of possible conflicts of inter

1985Second, the Court held that without a trial objection, Holloway’s presumption of harm will not be applied. ‘In order to establish a violation of the Sixth Amendment, a defendant who raised no objection at trial must demonstrate that an actual conflict of interest adversely affected his lawyer’s performance.’ Id. [ 100 S.Ct. at 1718 ].” (Quoting the Panel Opinion at pp. 400-491.) 4 Further, in Holloway v. Arkansas, supra, the Court noted that when timely motion is made by defense counsel, representing several defendants, for appointment of separate counsel because of possible conflicts of inter

21984–1985
In Re Toyota Motor Corp. green
texapp · 2006
2 sentences

2016See Garcia, 734 S.W.2d at 345 ; In re Toyota Motor Corp., 191 S.W.3d at 503 .

2016See Garcia, 734 S.W.2d at 345 ; In re Toyota Motor Corp., 191 S.W.3d at 503 . 2.

12016–2016

Where else courts name it

TX 15 (1984–2023) IL 10 (1985–2019) MD 7 (1974–2020) LA 6 (1987–2012) CT 3 (1999–2021) OH 3 (1994–2026) FL 2 (1983–2001) MN 2 (2018–2026) MO 2 (1995–2019) UT 2 (1990–2024)

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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