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10 Texas opinions name it 3 courts 1991–2018 0 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.
| Case | Followed | Cited |
|---|---|---|
United States v. Chadwickred1 sentence2018See United States v. Chadwick, 433 U.S. 1, 13 (1977) (“With the footlocker safely immobilized, it was unreasonable to undertake the additional and greater intrusion of a search without a warrant.”). | 1 | 1 |
Belleza-Gonzalez v. Villagreen2 sentences2015Belleza-Gonzalez v. Villa, 57 S.W.3d 8, 12 (Tex. App.—Houston 2001, no pet.) (agreement to 2 TDCAA Guide, at 7. 3 TDCAA Guide, at 31. 4 Id. at 33 . 2015Belleza-Gonzalez v. Villa, 57 S.W.3d 8, 12 (Tex. App.—Houston 2001, no pet.) (agreement to 2 TDCAA Guide, at 7. 3 TDCAA Guide, at 31. 4 Id. at 33 . | 1 | 1 |
Robinson v. Stategreen1 sentence2015The State cannot claim any benefit under Robinson v. State, 739 S.W.2d 795, 801 (Tex. Crim. | 1 | 1 |
Ellis v. Stategreen1 sentence2003See Ellis , 683 S.W.2d at 382 n.2. | 1 | 1 |
Chambers v. Stategreen1 sentence1994In Chambers v. State, 866 S.W.2d 9, 23 (Tex.Crim.App.1993), cert. denied, — U.S. -, 114 S.Ct. 1871 , 128 L.Ed.2d 491 (1994), the Court of Criminal Appeals held that the State cannot claim the lack of a prima facie case if it did not object at trial when asked to offer explanations for its strikes. | 1 | 1 |
Hill v. Stategreen1 sentence1994See Hill v. State, 827 S.W.2d 860, 862-65 (Tex.Crim.App.1992), cert. denied, — U.S. -, 113 S.Ct. 297 , 121 L.Ed.2d 221 (1992) (issue of the existence of the prima facie case moot where prosecutor offers reasons without prompting from the court). | 1 | 1 |
Morgan v. Jeffersongreen1 sentence1994See Hill v. State, 827 S.W.2d 860, 862-65 (Tex.Crim.App.1992), cert. denied, — U.S. -, 113 S.Ct. 297 , 121 L.Ed.2d 221 (1992) (issue of the existence of the prima facie case moot where prosecutor offers reasons without prompting from the court). | 1 | 1 |
Batson v. Kentuckygreen2 sentences1991Powers v. Ohio, 499 U.S. —, 111 S.Ct. 1364 , 113 L.Ed.2d 411 (1991); Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69, 79 (1986). 1991Powers v. Ohio, 499 U.S. —, 111 S.Ct. 1364 , 113 L.Ed.2d 411 (1991); Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69, 79 (1986). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Payne v. Tennessee
green
2 sentences1996Payne, 501 U.S. at 824 , 111 S.Ct. at 2607-2608 . [5] Specifically, the relevant portion of art. 37.071 § 2(A) provides: ... evidence may be presented by the state and the defendant or the defendant's counsel as to any matter that the court deem relevant to sentence, including evidence of the defendant's background or character or the circumstances that mitigate the imposition of the death penalty.... [6] In fact, the Oregon capital sentencing scheme was taken from the Texas capital sentencing scheme and modified to fulfill the dictates of Penry v. Lynaugh, 492 U.S. 302 , 109 S.Ct. 2934 , 106 1996Payne, 501 U.S. at 824 , 111 S.Ct. at 2607-2608 . [5] Specifically, the relevant portion of art. 37.071 § 2(A) provides: ... evidence may be presented by the state and the defendant or the defendant's counsel as to any matter that the court deem relevant to sentence, including evidence of the defendant's background or character or the circumstances that mitigate the imposition of the death penalty.... [6] In fact, the Oregon capital sentencing scheme was taken from the Texas capital sentencing scheme and modified to fulfill the dictates of Penry v. Lynaugh, 492 U.S. 302 , 109 S.Ct. 2934 , 106 | 2 | 1995–1996 |
McCleskey v. Kemp
green
2 sentences1996In this respect, the State cannot challenge the sentencer's discretion, but must allow it to consider any relevant information offered by the defendant." McCleskey v. Kemp, 481 U.S. 279, 305-306 , 107 S.Ct. 1756, 1774-1775 , 95 L.Ed.2d 262 (1987). 1996In this respect, the State cannot challenge the sentencer's discretion, but must allow it to consider any relevant information offered by the defendant." McCleskey v. Kemp, 481 U.S. 279, 305-306 , 107 S.Ct. 1756, 1774-1775 , 95 L.Ed.2d 262 (1987). | 2 | 1995–1996 |
Beeman v. State
green
1 sentence2015Id. | 1 | 2015–2015 |
McKoy v. North Carolina
green
1 sentence2009Id. | 1 | 2009–2009 |
Penry v. Lynaugh
red
2 sentences1996Payne, 501 U.S. at 824 , 111 S.Ct. at 2607-2608 . [5] Specifically, the relevant portion of art. 37.071 § 2(A) provides: ... evidence may be presented by the state and the defendant or the defendant's counsel as to any matter that the court deem relevant to sentence, including evidence of the defendant's background or character or the circumstances that mitigate the imposition of the death penalty.... [6] In fact, the Oregon capital sentencing scheme was taken from the Texas capital sentencing scheme and modified to fulfill the dictates of Penry v. Lynaugh, 492 U.S. 302 , 109 S.Ct. 2934 , 106 1996Payne, 501 U.S. at 824 , 111 S.Ct. at 2607-2608 . [5] Specifically, the relevant portion of art. 37.071 § 2(A) provides: ... evidence may be presented by the state and the defendant or the defendant's counsel as to any matter that the court deem relevant to sentence, including evidence of the defendant's background or character or the circumstances that mitigate the imposition of the death penalty.... [6] In fact, the Oregon capital sentencing scheme was taken from the Texas capital sentencing scheme and modified to fulfill the dictates of Penry v. Lynaugh, 492 U.S. 302 , 109 S.Ct. 2934 , 106 | 1 | 1996–1996 |
In re Nolt
green
1 sentence1994In Chambers v. State, 866 S.W.2d 9, 23 (Tex.Crim.App.1993), cert. denied, — U.S. -, 114 S.Ct. 1871 , 128 L.Ed.2d 491 (1994), the Court of Criminal Appeals held that the State cannot claim the lack of a prima facie case if it did not object at trial when asked to offer explanations for its strikes. | 1 | 1994–1994 |
Powers v. Ohio
green
2 sentences1991Powers v. Ohio, 499 U.S. —, 111 S.Ct. 1364 , 113 L.Ed.2d 411 (1991); Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69, 79 (1986). 1991Powers v. Ohio, 499 U.S. —, 111 S.Ct. 1364 , 113 L.Ed.2d 411 (1991); Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69, 79 (1986). | 1 | 1991–1991 |
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.