unavailability analysis (Texas) · Go Syfert
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unavailability analysis in Texas

9 Texas opinions name it 2 courts 1995–2024 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 (6)

CaseFollowedCited
United States v. Inadigreen
scotus · 1986 · cited in 3 Texas opinions naming this issue, 1995–2002
2 sentences

2002Inadi, 475 U.S. at 394 , 106 S.Ct. at 1125 .

2002Inadi, 475 U.S. at 394 , 106 S.Ct. at 1125 .

13
White v. Illinoisgreen
scotus · 1992 · cited in 2 Texas opinions naming this issue, 1999–1999
2 sentences

1999First, we must consider whether an unavailability analysis is necessary under White v. Illinois, 502 U.S. 346 , 112 S.Ct. 736 , 116 L.Ed.2d 848 (1992).

1999First, we must consider whether an unavailability analysis is necessary under White v. Illinois, 502 U.S. 346 , 112 S.Ct. 736 , 116 L.Ed.2d 848 (1992).

12
Ex Parte Hoodgreen
texcrimapp · 2007 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012App. 2009). 3 Art. 11.07, § 4(a)(1). 4 Id., § 4(b) (emphasis added). 5 See also Ex parte Hood, 211 S.W.3d 767, 775 (Tex. Crim.

11
Salazar v. Stategreen
texcrimapp · 2001 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002See e.g., Salazar v. State, 38 S.W.3d 141, 155 (Tex.Crim.App.2001) (holding that there was no confrontation clause violation arising from admission of excited utterance since victim was unavailable and the exception is firmly rooted, thereby providing adequate indicia of reliability); Penry v. State, 903 S.W.2d 715, 751 (Tex.Crim.App.1995) (same).

11
Penry v. Stategreen
texcrimapp · 1995 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002See e.g., Salazar v. State, 38 S.W.3d 141, 155 (Tex.Crim.App.2001) (holding that there was no confrontation clause violation arising from admission of excited utterance since victim was unavailable and the exception is firmly rooted, thereby providing adequate indicia of reliability); Penry v. State, 903 S.W.2d 715, 751 (Tex.Crim.App.1995) (same).

11
Davis v. Stategreen
texapp · 1989 · cited in 1 Texas opinions naming this issue, 1998–1998
2 sentences

1998See also, Davis v. State, 773 S.W.2d 592 (Tex.App.—Eastland 1989). 1 Under this authority, appellant meets the unavailability requirement of Rule 804(a)(1). 2 ii.Same Parties, Charges and Issues Accordingly, I would have held appellant was unavailable and, therefore, the second inquiry rests on whether the parties, charges and issues from the pre-trial hearing were the same as those at trial.

1998See also, Davis v. State, 773 S.W.2d 592 (Tex. App.—Eastland 1989). [1] Under this authority, appellant meets the unavailability requirement of Rule 804(a)(1). [2] ii.

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
Marquez v. State green
texapp · 2005
2 sentences

2008Id. at 750 .

2008Id. at 750 .

22008–2008
Mattox v. United States green
· 1895
1 sentence

2024Barber further clarified that the unavailability exception to the confrontation clause required “prosecutorial authorities [to] have made a good-faith effort to obtain [the witness’] presence at trial.” Id. at 724–25.

12024–2024
Ex Parte Chabot green
texcrimapp · 2009
1 sentence

2012If any of those courts have recognized the legal basis, or issued a decision from which the legal basis could have been reasonably formulated, then the unavailability exception is not met.5 2 300 S.W.3d 768 (Tex. Crim.

12012–2012
Ex parte Fontenot green
texcrimapp · 1999
1 sentence

2012By raising his claim in his original application, applicant gains an advantage compared to the litigant who fails to do so: there is always the possibility that this Court will reconsider a previous (...continued) of trial.”). 10 See Ex parte Fontenot, 3 S.W.3d 32 (Tex. Crim.

12012–2012
Bryan v. State green
texcrimapp · 1992
1 sentence

1998In Bryan, 837 S.W.2d at 644 , we held when the charge and the parties involved remain constant the two proceedings are necessarily the same.

11998–1998

Statutes the citing opinions construe

TX § Tex. Penal Code § 19.03 (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

CA 17 (1975–2026) NY 14 (1964–2026) OR 12 (1992–2022) IL 11 (1972–2020) FL 10 (1982–2012) MA 9 (1992–2019) TX 9 (1995–2024) DC 9 (1981–2017) WI 8 (1982–2003) PA 8 (1977–2015) CT 7 (1995–2023) IN 7 (1987–2026) NJ 6 (1971–2018) MD 6 (1989–2005) KS 6 (1988–2014) WV 6 (1984–2011) WA 6 (1987–2021) OH 5 (1992–2022) NC 5 (1989–2009) CO 5 (1989–2016) MN 5 (1987–1999) AZ 5 (1993–2017) TN 5 (1995–2015) HI 4 (1992–2007) VA 4 (1993–2006) IA 4 (1995–2021) MO 4 (1980–2024) LA 3 (1987–2021) VT 3 (1988–2012) AL 3 (1994–2004) ME 2 (1976–1979) MT 2 (1987–1989) UT 2 (1995–2000) MI 2 (2014–2019) NM 2 (2009–2016) MS 2 (2000–2006) RI 2 (1990–2001)

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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