record from the suppression hearing (Texas) · Go Syfert
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record from the suppression hearing in Texas

15 Texas opinions name it 2 courts 2001–2025 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 (12)

CaseFollowedCited
Barley v. Stategreen
texcrimapp · 1995 · cited in 3 Texas opinions naming this issue, 2008–2008
2 sentences

2008As we stated in Barley v. State, 906 S.W.2d 27, 33 (Tex.Cr.App.1995), “[s]ug-gestiveness may be created by the manner in which the pre-trial identification procedure is conducted, for example by police ... suggesting that a suspect is included in the photo array.” The record from the suppression hearing reflects that appellant was not a suspect when Detective Leonard began showing pictures to appellant.

2008As we stated in Barley v. State , 906 S.W.2d 27, 33 (Tex.Cr.App. 1995), "[s]uggestiveness may be created by the manner in which the pre-trial identification procedure is conducted, for example by police . . . suggesting that a suspect is included in the photo array." The record from the suppression hearing reflects that appellant was not a suspect when Detective Leonard began showing pictures to appellant.

33
Buchanan v. Stategreen
texcrimapp · 2006 · cited in 3 Texas opinions naming this issue, 2008–2008
2 sentences

2008See Buchanan v. State, 207 S.W.3d 772, 775 (Tex.Cr.App.2006) ("When the objection is not specific, and the legal basis is not obvious, it does not serve the purpose of the contemporaneous-objection rule for an appellate court to reach the merits of a forfeitable issue that is essentially raised for the first time on appeal.") (emphasis in original). [33] Compare Jones v. State, 119 S.W.3d 766, 775 (Tex.Cr.App.2003) (defendant's warned statement inadmissible because "the unwarned and warned statements in this case were given during a nearly undifferentiated single event, taking place in the sam

2008See Buchanan v. State , 207 S.W.3d 772, 775 (Tex.Cr.App. 2006) ("When the objection is not specific, and the legal basis is not obvious, it does not serve the purpose of the contemporaneous-objection rule for an appellate court to reach the merits of a forfeitable issue that is essentially raised for the first time on appeal.") (emphasis in original). 33.

33
Hubert v. Stategreen
texcrimapp · 2010 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011See Hubert, 312 S.W.3d at 560 ; see also Matlock, 415 U.S. at 171 , 94 S. Ct. at 993 ; Becknell, 720 S.W.2d at 528 .

2011See Hubert , 312 S.W.3d at 560 ; see also Matlock , 415 U.S. at 171 , 94 S. Ct. at 993 ; Becknell , 720 S.W.2d at 528 .

22
United States v. Matlockgreen
scotus · 1974 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011See Hubert , 312 S.W.3d at 560 ; see also Matlock , 415 U.S. at 171 , 94 S. Ct. at 993 ; Becknell , 720 S.W.2d at 528 .

2011See Hubert , 312 S.W.3d at 560 ; see also Matlock , 415 U.S. at 171 , 94 S. Ct. at 993 ; Becknell , 720 S.W.2d at 528 .

22
Dowthitt v. Stategreen
texcrimapp · 1996 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025See Dowthitt, 931 S.W.2d at 255 .

11
Rachal v. Stategreen
texcrimapp · 1996 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016See Gutierrez v. State, 221 S.W.3d 680, 687 (Tex.Crim.App. 2007); Rachal v. State, 917 S.W.2d 799, 809 (Tex.Crim.App. 1996).

11
Gutierrez v. Stategreen
texcrimapp · 2007 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016See Gutierrez v. State, 221 S.W.3d 680, 687 (Tex.Crim.App. 2007); Rachal v. State, 917 S.W.2d 799, 809 (Tex.Crim.App. 1996).

11
Florida v. Bostickgreen
scotus · 1991 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014A 5 It is unclear from the video whether the NTTA vehicle was actually a tow truck, but the record from the suppression hearing shows that the prosecutor repeatedly referred to it as a tow truck. 6 The “reasonable person” test “presupposes an innocent person.” Bostick, 501 U.S. at 438 (emphasis omitted) (citing Royer, 460 U.S. at 519 n.4 (Blackmun, J., dissenting)).

11
Wilkerson v. Stategreen
texcrimapp · 2005 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012See Id. at 531 .

11
Missouri v. Seibertgreen
scotus · 2004 · cited in 1 Texas opinions naming this issue, 2008–2008
2 sentences

2008See Seibert, 542 U.S. at 616 n. 6, 124 S.Ct. 2601 (Souter, J.) and at 620 (Kennedy, J.). [31] See Maj. op. at 625. [32] Arguably, the record from the suppression hearing reflects that neither the trial court, based on its ruling at the suppression hearing, nor the state, based on its closing statements at the suppression hearing, understood appellant to be making a claim based on the principles discussed in either the United States Supreme Court's or the Missouri Supreme Court's decisions in Seibert (which could explain the lack of a complete record on what exactly occurred during the polygrap

2008See Seibert, 542 U.S. at 616 n. 6, 124 S.Ct. 2601 (Souter, J.) and at 620 (Kennedy, J.). [31] See Maj. op. at 625. [32] Arguably, the record from the suppression hearing reflects that neither the trial court, based on its ruling at the suppression hearing, nor the state, based on its closing statements at the suppression hearing, understood appellant to be making a claim based on the principles discussed in either the United States Supreme Court's or the Missouri Supreme Court's decisions in Seibert (which could explain the lack of a complete record on what exactly occurred during the polygrap

11
Jones v. Stategreen
texcrimapp · 2003 · cited in 1 Texas opinions naming this issue, 2008–2008
2 sentences

2008See Buchanan v. State, 207 S.W.3d 772, 775 (Tex.Cr.App.2006) ("When the objection is not specific, and the legal basis is not obvious, it does not serve the purpose of the contemporaneous-objection rule for an appellate court to reach the merits of a forfeitable issue that is essentially raised for the first time on appeal.") (emphasis in original). [33] Compare Jones v. State, 119 S.W.3d 766, 775 (Tex.Cr.App.2003) (defendant's warned statement inadmissible because "the unwarned and warned statements in this case were given during a nearly undifferentiated single event, taking place in the sam

2008See Buchanan v. State, 207 S.W.3d 772, 775 (Tex.Cr.App.2006) ("When the objection is not specific, and the legal basis is not obvious, it does not serve the purpose of the contemporaneous-objection rule for an appellate court to reach the merits of a forfeitable issue that is essentially raised for the first time on appeal.”) (emphasis in original). .Compare Jones v. State, 119 S.W.3d 766, 775 (Tex.Cr.App.2003) (defendant’s warned statement inadmissible because "the unwarned and warned statements in this case were given during a nearly undifferentiated single event, taking place in the same ro

11
United States v. Dortchgreen
ca5 · 1999 · cited in 1 Texas opinions naming this issue, 2001–2001
1 sentence

2001See United States v. Dortch, 199 F.3d 193, 197 (5th Cir.1999).

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
Becknell v. State green
texcrimapp · 1986
2 sentences

2011See Hubert, 312 S.W.3d at 560 ; see also Matlock, 415 U.S. at 171 , 94 S. Ct. at 993 ; Becknell, 720 S.W.2d at 528 .

2011See Hubert , 312 S.W.3d at 560 ; see also Matlock , 415 U.S. at 171 , 94 S. Ct. at 993 ; Becknell , 720 S.W.2d at 528 .

22011–2011
Armendariz v. State green
texcrimapp · 2003
2 sentences

2006Armendariz , 123 S.W.3d at 404 . 6: We have renumbered and italicized the footnotes appearing in the excerpt so as to distinguish the footnotes in Kothe from the footnotes appearing in this opinion. 7: Officer Bailey did testify that he was advised by Sergeant Loeffert that at the time of the traffic stop Appellant was in the back seat, crouched down with a jacket over his head.

2006Armendariz, 123 S.W.3d at 404 . [6] We have renumbered and italicized the footnotes appearing in the excerpt so as to distinguish the footnotes in Kothe from the footnotes appearing in this opinion. [7] Officer Bailey did testify that he was advised by Sergeant Loeffert that at the time of the traffic stop Appellant was in the back seat, crouched down with a jacket over his head.

22006–2006
Florida v. Royer green
scotus · 1983
1 sentence

2014A 5 It is unclear from the video whether the NTTA vehicle was actually a tow truck, but the record from the suppression hearing shows that the prosecutor repeatedly referred to it as a tow truck. 6 The “reasonable person” test “presupposes an innocent person.” Bostick, 501 U.S. at 438 (emphasis omitted) (citing Royer, 460 U.S. at 519 n.4 (Blackmun, J., dissenting)).

12014–2014

Statutes the citing opinions construe

TX § Tex. Penal Code § 19.03 (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 15 (2001–2025) PA 13 (2018–2026) MD 7 (2002–2025) CO 3 (2016–2016) OH 3 (1990–2022) WI 2 (2020–2021) MO 2 (2009–2023)

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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