State to prove exception (Texas) · Go Syfert
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State to prove exception in Texas

14 Texas opinions name it 3 courts 1975–2025 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 (5)

CaseFollowedCited
Long v. Stategreen
texcrimapp · 1990 · cited in 3 Texas opinions naming this issue, 2011–2015
2 sentences

2015See Long, 800 S.W.2d at 547–48; Villalon, 791 S.W.2d at 135–36.

2015See Long, 800 S.W.2d at 547–48; Villalon, 791 S.W.2d at 135–36.

33
Montanez v. Stategreen
texcrimapp · 2006 · cited in 3 Texas opinions naming this issue, 2010–2010
2 sentences

2010"Voluntary consent to search is a well-established exception to the warrant and probable cause requirements of the Fourth Amendment to the United States Constitution." Montanez v. State, 195 S.W.3d 101, 105 (Tex.Crim.App.2006).

2010“Voluntary consent to search is a well-established exception to the warrant and probable cause requirements of the Fourth Amendment to the United States Constitution.” Montanez v. State, 195 S.W.3d 101, 105 (Tex.Crim.App.2006).

33
Neal v. Stategreen
texcrimapp · 2008 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025See Neal v. State, 256 S.W.3d 264, 282 (Tex. Crim.

11
State v. Garciagreen
texcrimapp · 2018 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See id.

11
Coble v. Stategreen
texcrimapp · 2010 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016Contrary to the appellant’s assertion that the “onus” is “upon the State to prove the error was harmless” (Appellant Br. at 15), “the burden to demonstrate whether the appellant was harmed by a trial court error does not rest on either the appellant or the State.” Coble v. State, 330 S.W.3d 253, 280 (Tex. Crim.

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 (7)

CaseCitedYears
Villalon v. State green
texcrimapp · 1990
2 sentences

2015See Long, 800 S.W.2d at 547–48; Villalon, 791 S.W.2d at 135–36.

2015See Long, 800 S.W.2d at 547–48; Villalon, 791 S.W.2d at 135–36.

22015–2015
State v. Robinson green
texcrimapp · 2011
2 sentences

2014Not only is placing the burden on the defendant contrary to binding precedent from the Court of Criminal Appeals, Robinson, 334 S.W.3d at 778-79 , placing the burden on the State to prove an exception to the warrant requirement makes sense because the facts regarding the practicality of obtaining a warrant are within its control.

2014Not only is placing the burden on the defendant contrary to binding precedent from the Court of Criminal Appeals, Robinson, 334 S.W.3d at 778–79, placing the burden on the State to prove an exception to the warrant requirement makes sense because the facts regarding the practicality of obtaining a warrant are within its control.

22014–2014
Davis v. State green
texapp · 2006
1 sentence

2015See: Davis v. State, 195 SW3d 311 (App. 14 2006).

12015–2015
Chapman v. California red
scotus · 1967
2 sentences

1992Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824, 828 , 17 L.Ed.2d 705 (1967).

1992Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824, 828 , 17 L.Ed.2d 705 (1967).

11992–1992
Stephenson v. State green
texcrimapp · 1973
1 sentence

1975The circumstances here presented when considered in their totality are stronger in showing a“ consent to search than they were in Stephenson v. State, 494 S.W.2d 900 (Tex.Cr.App.1973), where it was said: “. . .we refuse to hold, as a matter of law, that an assertion by the officer conducting the search that he could or would obtain a search warrant if consent is refused, standing alone, invalidates an otherwise voluntary consent.” See also Schneckloth v. Bustamonte, 412 U.S. 218 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973), and Hoover v. Beto, 439 F.2d 913 (5th Cir. 1971).

11975–1975
Sam Hoover v. Dr. George J. Beto, Director, Texas Department of Corrections green
ca5 · 1971
1 sentence

1975The circumstances here presented when considered in their totality are stronger in showing a“ consent to search than they were in Stephenson v. State, 494 S.W.2d 900 (Tex.Cr.App.1973), where it was said: “. . .we refuse to hold, as a matter of law, that an assertion by the officer conducting the search that he could or would obtain a search warrant if consent is refused, standing alone, invalidates an otherwise voluntary consent.” See also Schneckloth v. Bustamonte, 412 U.S. 218 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973), and Hoover v. Beto, 439 F.2d 913 (5th Cir. 1971).

11975–1975
Schneckloth v. Bustamonte green
scotus · 1973
2 sentences

1975The circumstances here presented when considered in their totality are stronger in showing a“ consent to search than they were in Stephenson v. State, 494 S.W.2d 900 (Tex.Cr.App.1973), where it was said: “. . .we refuse to hold, as a matter of law, that an assertion by the officer conducting the search that he could or would obtain a search warrant if consent is refused, standing alone, invalidates an otherwise voluntary consent.” See also Schneckloth v. Bustamonte, 412 U.S. 218 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973), and Hoover v. Beto, 439 F.2d 913 (5th Cir. 1971).

1975The circumstances here presented when considered in their totality are stronger in showing a“ consent to search than they were in Stephenson v. State, 494 S.W.2d 900 (Tex.Cr.App.1973), where it was said: “. . .we refuse to hold, as a matter of law, that an assertion by the officer conducting the search that he could or would obtain a search warrant if consent is refused, standing alone, invalidates an otherwise voluntary consent.” See also Schneckloth v. Bustamonte, 412 U.S. 218 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973), and Hoover v. Beto, 439 F.2d 913 (5th Cir. 1971).

11975–1975

Where else courts name it

AR 39 (1984–2026) IN 16 (1989–2019) TX 14 (1975–2025) WI 10 (2006–2024) WA 9 (1985–2021) CT 8 (1970–1994) FL 8 (1981–2020) IL 7 (1973–2023) WV 5 (1982–2016) OH 4 (2005–2021) GA 4 (1913–2012) SD 3 (1982–2009) TN 2 (2001–2002) UT 2 (1985–2014) MT 2 (2010–2010) MD 2 (1988–1992)

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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