record of the plea hearing (Texas) · Go Syfert
← Texas issues

record of the plea hearing in Texas

9 Texas opinions name it 2 courts 1985–2024 2 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 (9)

CaseFollowedCited
Hurwitz v. Stategreen
texcrimapp · 1985 · cited in 2 Texas opinions naming this issue, 1994–1999
2 sentences

1999Cf. Hurwitz v. State, 700 S.W.2d 919, 921 (Tex.Crim.App.1985), cert. denied, 474 U.S. 1102 , 106 S.Ct. 884 , 88 L.Ed.2d 919 (1986); Grays, 888 S.W.2d at 878 .

1994Cf. Hurwitz v. State, 700 S.W.2d 919, 921 (Tex.Crim.App.1985), cert. denied, 474 U.S. 1102 , 106 S.Ct. 884 , 88 L.Ed.2d 919 (1986).

22
Thomas v. Stategreen
texcrimapp · 2017 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Thomas, 516 S.W.3d at 502 .

11
Bowie v. Stategreen
texcrimapp · 2004 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021See Harper v. State, 567 S.W.3d 450 , 454–55 (Tex. App.—Fort Worth 2019, no pet.) (discussing “charge bargains,” “sentence bargains,” and “open pleas.”); see also Bowie v. State, 135 S.W.3d 55 , 69 n.11 (Tex. Crim.

11
Stanley Deon Harper v. Stategreen
texapp · 2019 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021See Harper v. State, 567 S.W.3d 450 , 454–55 (Tex. App.—Fort Worth 2019, no pet.) (discussing “charge bargains,” “sentence bargains,” and “open pleas.”); see also Bowie v. State, 135 S.W.3d 55 , 69 n.11 (Tex. Crim.

11
Ex Parte Aftab Aligreen
texapp · 2012 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Ex parte Ali, 368 S.W.3d 827 , 830–31 (Tex. App.—Austin 2012, pet. ref’d) (discussing deference to trial court’s findings, particularly where they turn on a witness’s credibility and demeanor).

11
Gray v. Stategreen
texapp · 2008 · cited in 1 Texas opinions naming this issue, 2009–2009
2 sentences

2009See 257 S.W.3d 825, 828 (Tex.App.-Texarkana 2008, pet. ref'd). 3 Assuming, without deciding, the evidence before the trial court warranted an inquiry into appellant’s competency, we conclude the trial court’s inquiry supports the conclusion that appellant had the present ability to consult with his lawyer with a reasonable degree of understanding and had a rational, as well as factual, understanding of the proceedings against him. 4 Accordingly, we overrule appellant’s first issue.

2009See 257 S.W.3d 825, 828 (Tex.App.-Texarkana 2008, pet. ref'd). [3] Assuming, without deciding, the evidence before the trial court warranted an inquiry into appellant's competency, we conclude the trial court's inquiry supports the conclusion that appellant had the present ability to consult with his lawyer with a reasonable degree of understanding and had a rational, as well as factual, understanding of the proceedings against him. [4] Accordingly, we overrule appellant's first issue.

11
Ex Parte Gibauitchgreen
texcrimapp · 1985 · cited in 1 Texas opinions naming this issue, 2006–2006
1 sentence

2006See Ex parte Gibauitch, 688 S.W.2d 868, 871 (Tex.Crim.App.1985) (holding that [w]hen the record shows that the trial court gave an incomplete or incorrect admonishment, there is a prima facie showing that the defendant made a knowing and voluntary plea of guilty.”); see also Castaneda v. State, No. 14-04-01173-CR, 2006 WL 561898 , *1 (Tex.App.-Hous *223 ton [14 DistJ Mar. 02, 2006, pet. filed) (not designated for publication) (stating that “[b]ecause appellant did not produce a record of the plea hearing, it is impossible to determine from the appellate record whether the trial court orally ad

11
Ex Parte Wilsongreen
texcrimapp · 1986 · cited in 1 Texas opinions naming this issue, 2005–2005
1 sentence

2005Dusenberry , 915 S.W.2d at 949 ; see Ex parte Wilson , 716 S.W.2d 953, 956 (Tex. Crim.

11
Wooten v. Stategreen
texcrimapp · 1981 · cited in 1 Texas opinions naming this issue, 1985–1985
2 sentences

1985The court of appeals concluded the plea was therefore shown to have been induced by the agreement that the search could be appealed (when Haney in fact would operate to prevent fulfillment of that agreement); accordingly, the plea could not be said to have been voluntary, citing Mooney (Dean) v. State, 615 S.W.2d 776 (1981) [hereinafter “Mooney ”]; see also Wooten v. State, 612 S.W.2d 561 (Tex.Cr.App.1981).

1985The court of appeals concluded the plea was therefore shown to have been induced by the agreement that the search could be appealed (when Haney in fact would operate to prevent fulfillment of that agreement); accordingly, the plea could not be said to have been voluntary, citing Mooney (Dean) v. State, 615 S.W.2d 776 (1981) [hereinafter "Mooney" ]; see also Wooten v. State, 612 S.W.2d 561 (Tex.Cr.App.1981).

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 (5)

CaseCitedYears
Hurwitz v. Texas green
scotus · 1986
2 sentences

1999Cf. Hurwitz v. State, 700 S.W.2d 919, 921 (Tex.Crim.App.1985), cert. denied, 474 U.S. 1102 , 106 S.Ct. 884 , 88 L.Ed.2d 919 (1986); Grays, 888 S.W.2d at 878 .

1999Cf. Hurwitz v. State, 700 S.W.2d 919, 921 (Tex.Crim.App.1985), cert. denied, 474 U.S. 1102 , 106 S.Ct. 884 , 88 L.Ed.2d 919 (1986); Grays, 888 S.W.2d at 878 .

21994–1999
Park v. El Paso Board of Realtors green
scotus · 1986
2 sentences

1999Cf. Hurwitz v. State, 700 S.W.2d 919, 921 (Tex.Crim.App.1985), cert. denied, 474 U.S. 1102 , 106 S.Ct. 884 , 88 L.Ed.2d 919 (1986); Grays, 888 S.W.2d at 878 .

1994Cf. Hurwitz v. State, 700 S.W.2d 919, 921 (Tex.Crim.App.1985), cert. denied, 474 U.S. 1102 , 106 S.Ct. 884 , 88 L.Ed.2d 919 (1986).

21994–1999
Dusenberry v. State green
texapp · 1996
1 sentence

2005Dusenberry , 915 S.W.2d at 949 ; see Ex parte Wilson , 716 S.W.2d 953, 956 (Tex. Crim.

12005–2005
Grays v. State green
texapp · 1994
1 sentence

1999Cf. Hurwitz v. State, 700 S.W.2d 919, 921 (Tex.Crim.App.1985), cert. denied, 474 U.S. 1102 , 106 S.Ct. 884 , 88 L.Ed.2d 919 (1986); Grays, 888 S.W.2d at 878 .

11999–1999
Mooney v. State green
texcrimapp · 1981
2 sentences

1985The court of appeals concluded the plea was therefore shown to have been induced by the agreement that the search could be appealed (when Haney in fact would operate to prevent fulfillment of that agreement); accordingly, the plea could not be said to have been voluntary, citing Mooney (Dean) v. State, 615 S.W.2d 776 (1981) [hereinafter “Mooney ”]; see also Wooten v. State, 612 S.W.2d 561 (Tex.Cr.App.1981).

1985The court of appeals concluded the plea was therefore shown to have been induced by the agreement that the search could be appealed (when Haney in fact would operate to prevent fulfillment of that agreement); accordingly, the plea could not be said to have been voluntary, citing Mooney (Dean) v. State, 615 S.W.2d 776 (1981) [hereinafter "Mooney" ]; see also Wooten v. State, 612 S.W.2d 561 (Tex.Cr.App.1981).

11985–1985

Where else courts name it

OH 29 (2004–2025) WA 16 (1976–2023) GA 12 (1993–2024) MN 12 (2014–2017) MS 9 (2000–2019) TX 9 (1985–2024) MD 6 (2012–2018) UT 6 (1993–2015) FL 5 (1987–2002) MA 3 (2000–2002) MO 3 (2005–2024) IL 3 (1989–2020) NM 3 (2001–2007) NE 3 (2017–2025) ID 3 (2023–2024) NY 2 (1978–2024) WI 2 (1985–2022) VT 2 (1997–2018)

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.

← Caselaw search · G Cite Topics · Brief Check