mere submission claim (Texas) · Go Syfert
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mere submission claim in Texas

11 Texas opinions name it 2 courts 1939–2021 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 (2)

CaseFollowedCited
Florida v. Royergreen
scotus · 1983 · cited in 8 Texas opinions naming this issue, 1984–2012
2 sentences

2012See Florida v. Royer, 460 U.S. 491, 497 (1983) (“Neither is it disputed that where the validity of a search rests on consent, the State has the burden of proving that the necessary consent was obtained and that it was freely and voluntarily given, a burden that is not satisfied by showing a mere submission to a claim of lawful authority.”).

2008The Court stated “[t]here [was] no reason to think Kaupp’s answer was anything more than ‘a mere submission to a claim of lawful authority.’ ” Id. (citing Florida v. Royer, 460 U.S. 491, 497 , 103 S.Ct. 1319, 1324 , 75 L.Ed.2d 229 (1983) (plurality opinion)).

28
McCullough v. Stategreen
texcrimapp · 1985 · cited in 2 Texas opinions naming this issue, 1987–1987
2 sentences

1987Florida v. Royer, 460 U.S. 491, 497 , 103 S.Ct. 1319, 1324 , 75 L.Ed.2d 229 (1983); Meeks v. State, 692 S.W.2d 504, 509-10 (Tex.Crim.App.1985).

1987Florida v. Royer, 460 U.S. 491, 497 , 103 S.Ct. 1319, 1324 , 75 L.Ed.2d 229 (1983); Meeks v. State, 692 S.W.2d 504, 509-10 (Tex.Crim.App.1985).

22

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 (2)

CaseCitedYears
Kaupp v. Texas green
scotus · 2003
2 sentences

2021Rather, Luna’s “acknowledgment and oral acceptance” of the DWI and Miranda warnings she received at the end of her SFSTs appear to be “a mere submission to a claim of lawful authority.” Kaupp, 538 U.S. at 631 .

2008The Court stated “[t]here [was] no reason to think Kaupp’s answer was anything more than ‘a mere submission to a claim of lawful authority.’ ” Id. (citing Florida v. Royer, 460 U.S. 491, 497 , 103 S.Ct. 1319, 1324 , 75 L.Ed.2d 229 (1983) (plurality opinion)).

32008–2021
Clark Loftus v. Pearce neutral
tex · 1891
2 sentences

1939Clark v. Pearce, 80 Tex. 146 , 15 S.W. 787 .

1939Clark v. Pearce, 80 Tex. 146 , 15 S.W. 787 .

11939–1939

Where else courts name it

OH 47 (1989–2025) FL 19 (1983–2015) TX 11 (1939–2021) VA 10 (1993–2003) CA 8 (2013–2025) SD 6 (1991–2015) AL 6 (1986–2005) IN 4 (1986–2010) GA 4 (1984–1995) NY 3 (2003–2026) IL 3 (1985–2001) MS 3 (1993–2013) WV 2 (1987–2002)

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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