hearsay exclusionary rule (Texas) · Go Syfert
← Texas issues

hearsay exclusionary rule in Texas

15 Texas opinions name it 1 courts 2003–2025 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 (6)

CaseFollowedCited
Zuliani v. Stategreen
texcrimapp · 2003 · cited in 11 Texas opinions naming this issue, 2003–2018
2 sentences

2005The basis for the excited-utterance exception to the hearsay exclusionary rule is “a psychological one, namely, ... that when [one] is in the instant grip of violent emotion, excitement or pain, he ordinarily loses the capacity for reflection necessary to the fabrication of a falsehood and the ‘truth will come out.’ ” Zuliani v. State, 97 S.W.3d 589, 595 (Tex.Crim.App. 2003) (quoting Evans v. State, 480 S.W.2d 387, 389 (Tex.Crim.App.1972)).

2005The basis for the excited-utterance exception to the hearsay exclusionary rule is A a psychological one, namely, . . . that when [one] is in the instant grip of violent emotion, excitement or pain, he ordinarily loses the capacity for reflection necessary to the fabrication of a falsehood and the > truth will come out. = @ Zuliani v. State , 97 S.W.3d 589, 595 (Tex. Crim.

1011
Kubin v. Stategreen
texapp · 1993 · cited in 4 Texas opinions naming this issue, 2003–2007
2 sentences

2007See Zuliani v. State, 97 S.W.3d 589, 595 (Tex.Crim.App.2003); Kubin v. State, 868 S.W.2d 394, 396 (Tex.App.-Houston [1st Dist.] 1993, pet. ref'd).

2004See Kubin v. State , 868 S.W.2d 394, 396 (Tex. App.—Houston [1st Dist.] 1993, pet. ref’d).

44
Evans v. Stategreen
texcrimapp · 1972 · cited in 4 Texas opinions naming this issue, 2004–2005
2 sentences

2005The basis for the excited-utterance exception to the hearsay exclusionary rule is "a psychological one, namely,... that when [one] is in the instant grip of violent emotion, excitement or pain, he ordinarily loses the capacity for reflection necessary to the fabrication of a falsehood and the `truth will come out.'" Zuliani v. State, 97 S.W.3d 589, 595 (Tex.Crim.App. 2003) (quoting Evans v. State, 480 S.W.2d 387, 389 (Tex.Crim.App.1972)).

2005The basis for the excited-utterance exception to the hearsay exclusionary rule is “a psychological one, namely, ... that when [one] is in the instant grip of violent emotion, excitement or pain, he ordinarily loses the capacity for reflection necessary to the fabrication of a falsehood and the ‘truth will come out.’ ” Zuliani v. State, 97 S.W.3d 589, 595 (Tex.Crim.App. 2003) (quoting Evans v. State, 480 S.W.2d 387, 389 (Tex.Crim.App.1972)).

44
Rajski v. Stategreen
texapp · 1986 · cited in 2 Texas opinions naming this issue, 2003–2003
2 sentences

2003See id.

2003See id.

22
Apolinar v. Stategreen
texapp · 2003 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025See Apolinar v. State, 106 S.W.3d 407, 416 (Tex. App.— Houston [1st Dist.] 2003), aff’d, 155 S.W.3d 184 (Tex. Crim. App. 2005) (“A trial court has broad discretion in determining whether evidence is admissible as an exception to the hearsay exclusionary rule.”). 5 Article 38.072 of the Code of Criminal Procedure creates an exception to the hearsay rule in cases involving allegations of sexual assault against a child younger than 14 years of age.

11
Apolinar v. Stategreen
texcrimapp · 2005 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025See Apolinar v. State, 106 S.W.3d 407, 416 (Tex. App.— Houston [1st Dist.] 2003), aff’d, 155 S.W.3d 184 (Tex. Crim. App. 2005) (“A trial court has broad discretion in determining whether evidence is admissible as an exception to the hearsay exclusionary rule.”). 5 Article 38.072 of the Code of Criminal Procedure creates an exception to the hearsay rule in cases involving allegations of sexual assault against a child younger than 14 years of age.

11

Distinguished, questioned or overruled (0)

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

Where else courts name it

TX 15 (2003–2025) LA 14 (1973–2024) MO 9 (1997–2004) IN 7 (1979–1997) CT 7 (1983–2010) PA 6 (1987–2019) OH 5 (2004–2020) NY 4 (1995–2012) OR 4 (2024–2025) CA 3 (2005–2021) MS 2 (2003–2005) TN 2 (1979–2024) HI 2 (2007–2020) WY 2 (2007–2009) AL 2 (1998–2003) NC 2 (2001–2010)

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.

← Caselaw search · G Cite Topics · Brief Check