taint violation (Texas) · Go Syfert
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taint violation in Texas

79 Texas opinions name it 3 courts 1938–2026 62 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 (13)

CaseFollowedCited
State v. Terrazasgreen
texcrimapp · 1998 · cited in 59 Texas opinions naming this issue, 2026–2026
2 sentences

2026See State v. Terrazas, 962 S.W.2d 38 , 40–42 (Tex. Crim.

2026See State v. Terrazas, 962 S.W.2d 38 , 40–42 (Tex. Crim.

5959
Johnson v. Stategreen
texcrimapp · 1994 · cited in 4 Texas opinions naming this issue, 1997–2008
2 sentences

1997Johnson v. State, 871 S.W.2d 744, 749-751 (Tex.Crim.App.1994) (attenuation of the taint doctrine consistent with "obtained" language in Article 38.23); Daugherty, 931 S.W.2d at 268 (inevitable discovery doctrine inconsistent with "obtained" language in Article 38.23).

1997Johnson v. State, 871 S.W.2d 744, 749-751 (Tex.Crim.App.1994) (attenuation of the taint doctrine consistent with “obtained” language in Article 38.23); Daugherty, 931 S.W.2d at 268 (inevitable discovery doctrine inconsistent with “obtained” language in Article 38.23).

44
Carter v. Stategreen
texcrimapp · 2010 · cited in 2 Texas opinions naming this issue, 2022–2022
2 sentences

2022Id. (citing Carter v. State, 309 S.W.3d 31, 41 (Tex. Crim.

2022Id. (citing Carter v. State, 309 S.W.3d 31, 41 (Tex. Crim.

22
State v. Daughertygreen
texcrimapp · 1996 · cited in 2 Texas opinions naming this issue, 1997–2019
2 sentences

2019App. 1994) (attenuation of the taint doctrine consistent with “obtained” language in article 38.23); Daugherty, 931 S.W.2d at 272 (inevitable discovery doctrine inconsistent with “obtained” language in article 38.23).

1997Johnson v. State, 871 S.W.2d 744, 749-751 (Tex.Crim.App.1994) (attenuation of the taint doctrine consistent with “obtained” language in Article 38.23); Daugherty, 931 S.W.2d at 268 (inevitable discovery doctrine inconsistent with “obtained” language in Article 38.23).

22
State v. Christopher Andrew Penagreen
texapp · 2014 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022See Pena, 464 S.W.3d at 399 (reviewing factors to be considered in a taint analysis: “(1) the temporal proximity between the unlawful search and the given consent; (2) whether the warrantless search brought about police observation of the particular object for which consent was sought; (3) whether the search resulted from flagrant police misconduct; (4) whether the consent was volunteered or requested; (5) whether appellant was made fully aware of the right to refuse consent; and (6) whether the police purpose underlying the illegality was to obtain the consent”).

11
Davis v. United Statesgreen
scotus · 2011 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019In its briefing, the State relies on the exception recognized in Davis, 564 U.S. at 241, while openly acknowledging that the Texas Court of Criminal Appeals had not yet interpreted whether such exception would similarly apply given the plain language of Texas’ statutory exception.

11
Woodruff v. Stategreen
texapp · 2010 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019App. 1995) (citing Morrison, 449 U.S. at 365); see also Woodruff, 330 S.W.3d at 724 (holding that dismissal is appropriate only when the suppression of evidence is insufficient to purge the taint of the violation).

11
Coleman v. Sentence Review Division of Supreme Court of Montanagreen
scotus · 1980 · cited in 1 Texas opinions naming this issue, 2019–2019
2 sentences

2019App. 1995) (citing Morrison, 449 U.S. at 365); see also Woodruff, 330 S.W.3d at 724 (holding that dismissal is appropriate only when the suppression of evidence is insufficient to purge the taint of the violation).

2019Consequently, in determining the appropriate remedy in this case, we must determine whether we may “tailor[] relief appropriate in the circumstances to assure [Morrison] the effective assistance of counsel and a fair trial” by “denying the prosecution of the fruits of its transgression.” Morrison, 449 U.S. at 665–66.

11
Boyle v. Stategreen
texcrimapp · 1991 · cited in 1 Texas opinions naming this issue, 2007–2007
1 sentence

2007App. 1986) (applying attenuation of the taint analysis and concluding that the “immediate fruits” of the illegal arrest should have been suppressed), cert. denied , 479 U.S. 1046 (1987); Boyle v. State , 820 S.W.2d 122, 133 (Tex. Crim.

11
Roquemore v. Stategreen
texcrimapp · 2001 · cited in 1 Texas opinions naming this issue, 2003–2003
2 sentences

2003Roquemore v. State, 60 S.W.3d 862, 869-70 (Tex.Crim.App.2001).

2003Roquemore v. State, 60 S.W.3d 862, 869-70 (Tex.Crim.App.2001).

11
Brown v. Illinoisgreen
scotus · 1975 · cited in 1 Texas opinions naming this issue, 1994–1994
2 sentences

1994See Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975).

1994See Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975).

11
Bell v. Stategreen
texcrimapp · 1986 · cited in 1 Texas opinions naming this issue, 1987–1987
1 sentence

1987Bell v. State, 724 S.W.2d 780, 787 (Tex.Cr.App.1986); Self v. State, 709 S.W.2d 662, 665 (Tex.Cr.App.1986).

11
Self v. Stategreen
texcrimapp · 1986 · cited in 1 Texas opinions naming this issue, 1987–1987
1 sentence

1987Bell v. State, 724 S.W.2d 780, 787 (Tex.Cr.App.1986); Self v. State, 709 S.W.2d 662, 665 (Tex.Cr.App.1986).

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 (8)

CaseCitedYears
United States v. Morrison green
scotus · 1981
2 sentences

2010The United States Supreme Court has stated, “absent demonstrable prejudice, or substantial threat thereof, dismissal of the indictment is plainly inappropriate.” 31 Morrison, 449 U.S. at 365 , 101 S.Ct. 665 .

2010The United States Supreme Court has stated, “absent demonstrable prejudice, or substantial threat thereof, dismissal of the indictment is plainly inappropriate.” 31 Morrison, 449 U.S. at 365 , 101 S.Ct. 665 .

32008–2010
Pham v. State green
texcrimapp · 2005
2 sentences

2008Id.

2008Id.

32008–2008
State v. Mungia green
texcrimapp · 2003
2 sentences

2018Mungia, 119 S.W.3d at 816–17.

2018Mungia, 119 S.W.3d at 816–17.

22018–2018
Gordon v. State green
texcrimapp · 1990
1 sentence

2007App. 1989) (noting that where search “flow[ed] directly” from appellant’s illegal arrest, the evidence was not so attenuated as to be admissible), cert. denied , 503 U.S. 921 (1992), overruled on other grounds by Gordon v. State , 801 S.W.2d 899 (Tex. Crim.

12007–2007
Minnesota v. Berndt green
scotus · 1987
1 sentence

2007App. 1986) (applying attenuation of the taint analysis and concluding that the “immediate fruits” of the illegal arrest should have been suppressed), cert. denied , 479 U.S. 1046 (1987); Boyle v. State , 820 S.W.2d 122, 133 (Tex. Crim.

12007–2007
Lewis v. Russe green
scotus · 1992
1 sentence

2007App. 1989) (noting that where search “flow[ed] directly” from appellant’s illegal arrest, the evidence was not so attenuated as to be admissible), cert. denied , 503 U.S. 921 (1992), overruled on other grounds by Gordon v. State , 801 S.W.2d 899 (Tex. Crim.

12007–2007
Brick v. State green
texcrimapp · 1987
2 sentences

1998Brick v. State, 738 S.W.2d 676 (Tex.Crim.App.1987). “[I]f the illegality ... rests alone upon the violation of the statute [Article 14 of the Code of Criminal Procedure], this may well influence the court of appeals’ assessment of the purposefulness and flagrancy of the police misconduct, and, all other factors weighing equally, could ultimately tip the balance.” Id. at 681 .

1998Brick v. State, 738 S.W.2d 676 (Tex.Crim.App.1987). “[I]f the illegality ... rests alone upon the violation of the statute [Article 14 of the Code of Criminal Procedure], this may well influence the court of appeals’ assessment of the purposefulness and flagrancy of the police misconduct, and, all other factors weighing equally, could ultimately tip the balance.” Id. at 681 .

11998–1998
Dickey v. Jackson green
texcommnapp · 1928
1 sentence

1938As' stated in Dickey et al. v. Jackson, Tex.Com.App., 1 S.W.2d 577, 578 , “We do not have a case wherein the taint of the error may be allocated definitely and, -so, avoided through remittitur [citing many authorities], but, the rather, one within the condemnation of the rule that curative re-mittitur ought not be permitted ‘when the error may have had an influence upon the general verdict’ ” (citing many other authorities).

11938–1938

Statutes the citing opinions construe

TX § Tex. Penal Code § 12.22 (59) TX § Tex. Penal Code § 42.02 (59) USC § 18u.s.c.241 (3) USC § 42u.s.c.1983 (3) USC § 42u.s.c.1985 (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 79 (1938–2026) PA 30 (1976–2026) KS 12 (1905–2019) MI 10 (1976–2015) WY 10 (1999–2022) NY 10 (1964–2025) NJ 9 (1985–2026) MD 7 (1979–2020) IL 4 (1965–1980) OR 4 (2008–2021) NM 3 (1984–2011) MO 3 (1902–1996) MN 2 (2004–2026) CA 2 (2007–2016) OH 2 (2024–2024) CO 2 (1979–2005) AR 2 (1988–2003)

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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