affiant requirement (Texas) · Go Syfert
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affiant requirement in Texas

9 Texas opinions name it 2 courts 2002–2011 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.

Followed or applied (3)

CaseFollowedCited
Rodriguez v. Stategreen
texcrimapp · 2007 · cited in 3 Texas opinions naming this issue, 2011–2011
2 sentences

2011See id. at 63–64.

2011See id. at 63-64 .

33
Pettus v. Pettusgreen
texapp · 2007 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See Pettus v. Pettus , 237 S.W.3d 405 , 417 n.8 (Tex. App.—Fort Worth 2007, pet. denied) (noting that a divorce decree stating that the division of property was effective on an earlier date than decree was signed was not the effective date absent evidence that parties would have been aware of the court’s intention to make the date retroactive).

2010See Pettus v. Pettus, 237 S.W.3d 405 , 417 n.8 (Tex. App.—Fort Worth 2007, pet. denied) (noting that a divorce decree stating that the division of property was effective on an earlier date than decree was signed was not the effective date absent evidence that parties would have been (3) ―Mr. Conner accepted the appointment effective approximately one month earlier than the order was signed, so his responsibilities began on that effective date of August 23, 2006.‖ 14 aware of the court’s intention to make the date retroactive).

22
Barton v. Stategreen
texapp · 1998 · cited in 2 Texas opinions naming this issue, 2004–2004
2 sentences

2004However, credibility of the affiant is not a requirement of a probable cause search warrant affidavit when no confidential informants are used to establish probable cause. 3 Barton v. State, 962 S.W.2d 132, 138 (Tex.App.-Beaumont 1997, pet. ref d).

2004Barton v. State, 962 S.W.2d 132, 138 (Tex. App.—Beaumont 1997, pet. ref’d).

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
United States v. Ventresca green
scotus · 1965
2 sentences

2007While it’s true that affidavits for search warrants are “drafted by nonlaw-yers in the midst and haste of a criminal investigation,” as the majority quotes from United States v. Ventresca, 380 U.S. 102, 108 , 85 S.Ct. 741 , 13 L.Ed.2d 684 (1965), this does not excuse the affiant from the requirement that the facts must show that there is probable cause to search.

2007While it’s true that affidavits for search warrants are “drafted by nonlaw-yers in the midst and haste of a criminal investigation,” as the majority quotes from United States v. Ventresca, 380 U.S. 102, 108 , 85 S.Ct. 741 , 13 L.Ed.2d 684 (1965), this does not excuse the affiant from the requirement that the facts must show that there is probable cause to search.

12007–2007
Estate of Pollack v. McMurrey green
tex · 1993
1 sentence

2002Id. at 391-92 .

12002–2002

Where else courts name it

TX 9 (2002–2011) OH 5 (1990–2022) FL 2 (1955–1959)

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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