failure to give Miranda warning (Texas) · Go Syfert
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failure to give Miranda warning in Texas

8 Texas opinions name it 2 courts 1985–2015 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
Jones v. Stategreen
texcrimapp · 2003 · cited in 3 Texas opinions naming this issue, 2004–2004
2 sentences

2004Oregon v. Elstad, 470 U.S. 298, 314 , 105 S.Ct. 1285, 1296 , 84 L.Ed.2d 222 (1985); Jones v. State, 119 S.W.3d 766, 773 (Tex. Crim.

2004Oregon v. Elstad, 470 U.S. 298, 314 , 105 S.Ct. 1285, 1296 , 84 L.Ed.2d 222 (1985); Jones v. State, 119 S.W.3d 766, 773 (Tex. Crim.

33
Martinez v. Stategreen
texcrimapp · 2008 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See Martinez , 272 S.W.3d at 621–27. 3.

2010See Martinez, 272 S.W.3d at 621-27 . 3.

22
Ex Parte Lewisgreen
texcrimapp · 2007 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015App. 1987) (abatement for findings was appropriate in a case in which the appellant raised issues of both pure voluntariness and the failure to give Miranda warnings). 2 The doctrine of stare decisis requires us, at the very least, to “keep in mind the strong preference for adhering to past decisions[.]” Ex parte Lewis, 219 S.W.3d 335, 338 (Tex. Crim.

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 (4)

CaseCitedYears
Oregon v. Elstad green
scotus · 1985
2 sentences

2004Oregon v. Elstad, 470 U.S. 298, 314 , 105 S.Ct. 1285, 1296 , 84 L.Ed.2d 222 (1985); Jones v. State, 119 S.W.3d 766, 773 (Tex. Crim.

2004Oregon v. Elstad, 470 U.S. 298, 314 , 105 S.Ct. 1285, 1296 , 84 L.Ed.2d 222 (1985); Jones v. State, 119 S.W.3d 766, 773 (Tex. Crim.

32004–2004
Parks v. State green
texapp · 1984
1 sentence

1987Cf. Parks v. State, 666 S.W.2d 597 (Tex.App.—Houston [1st Dist.] 1984, no pet.).

11987–1987
Rodriguez v. State green
texcrimapp · 1982
2 sentences

1985In Rodriguez v. State, 631 S.W.2d 515 (Tex.Crim.App.1982), the court applied this reasoning and ruled that, because taking a breathalyzer test was not protected testimonial communication, the failure to give Miranda warnings or statutory warnings, Tex. Code Crim.P.Ann. art. 38.22 (Vernon 1979), did not make evidence of breath-test results inadmissible at trial, where there was no evidence that the accused refused to take, the test. 631 S.W.2d at 517 .

1985In Rodriguez v. State, 631 S.W.2d 515 (Tex.Crim.App.1982), the court applied this reasoning and ruled that, because taking a breathalyzer test was not protected testimonial communication, the failure to give Miranda warnings or statutory warnings, Tex. Code Crim.P.Ann. art. 38.22 (Vernon 1979), did not make evidence of breath-test results inadmissible at trial, where there was no evidence that the accused refused to take, the test. 631 S.W.2d at 517 .

11985–1985
Kirby v. Illinois green
scotus · 1972
2 sentences

1985The constitutional right to assistance of counsel attaches when adversary judicial proceedings are initiated against an accused, Kirby v. Illinois, 406 U.S. 682 , 92 S.Ct. 1877 , 32 L.Ed.2d 411 (1972), and the government has committed itself to prosecute. 406 U.S. at 689 , 92 S.Ct. at 1882 .

1985The constitutional right to assistance of counsel attaches when adversary judicial proceedings are initiated against an accused, Kirby v. Illinois, 406 U.S. 682 , 92 S.Ct. 1877 , 32 L.Ed.2d 411 (1972), and the government has committed itself to prosecute. 406 U.S. at 689 , 92 S.Ct. at 1882 .

11985–1985

Statutes the citing opinions construe

TX § Tex. Penal Code § 2.01 (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

NY 16 (1976–2018) GA 9 (1979–2019) CA 9 (1991–2021) TX 8 (1985–2015) OR 8 (1990–2025) IL 7 (1970–2018) WI 7 (2013–2026) NM 6 (2011–2017) VA 5 (1986–2014) FL 5 (1980–2018) MA 4 (1996–2023) OH 4 (2005–2024) SC 4 (2009–2023) AZ 3 (1983–2020) ID 3 (2023–2023) MI 3 (1984–1997) MO 3 (1976–2001) NJ 3 (1974–1986) VT 3 (2007–2008) NC 2 (2003–2004) WA 2 (2019–2020) SD 2 (1982–1990) ME 2 (1978–1992) ND 2 (1981–2002) NE 2 (1997–2000) LA 2 (1985–2003)

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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