application of the balancing test (Texas) · Go Syfert
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application of the balancing test in Texas

7 Texas opinions name it 1 courts 1987–2022 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 (4)

CaseFollowedCited
Grayless v. Stategreen
texcrimapp · 1978 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See Grayless v. State , 567 S.W.2d 216, 222 (Tex. Crim.

2010See Grayless v. State, 567 S.W.2d 216, 222 (Tex. Crim.

22
Barker v. Wingogreen
scotus · 1972 · cited in 3 Texas opinions naming this issue, 1992–2022
2 sentences

2022Instead, its status depends on the application of the balancing test adopted by the United States Supreme Court in Barker v. Wingo, “in which the conduct of both the prosecution and the defendant are weighed” on an ad hoc basis, considering these four factors: (1) length of the delay; (2) reason for the delay; (3) the defendant’s assertion of the right; and (4) prejudice to the defendant. 407 U.S. at 530 ; see Cantu, 253 S.W.3d at 280 .

1994See Barker , 407 U.S. at 532 n.31.

13
Cantu v. Stategreen
texcrimapp · 2008 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022Instead, its status depends on the application of the balancing test adopted by the United States Supreme Court in Barker v. Wingo, “in which the conduct of both the prosecution and the defendant are weighed” on an ad hoc basis, considering these four factors: (1) length of the delay; (2) reason for the delay; (3) the defendant’s assertion of the right; and (4) prejudice to the defendant. 407 U.S. at 530 ; see Cantu, 253 S.W.3d at 280 .

11
Easley v. Stategreen
texcrimapp · 1978 · cited in 1 Texas opinions naming this issue, 1992–1992
1 sentence

1992A five year lapse from the time of arrest until the time of trial “is certainly sufficient to require the application of the balancing test of Barker v. Wingo, supra, and that time must be considered in determining appellant’s speedy trial claim.” Easley v. State, 564 S.W.2d 742, 744 (Tex. Crim.App.), cert. denied, 439 U.S. 967 , 99 S.Ct. 456 , 58 L.Ed.2d 425 (1978).

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 (3)

CaseCitedYears
State v. Flores green
texapp · 1997
1 sentence

1999Id.

11999–1999
Easley v. Texas green
scotus · 1978
2 sentences

1992A five year lapse from the time of arrest until the time of trial “is certainly sufficient to require the application of the balancing test of Barker v. Wingo, supra, and that time must be considered in determining appellant’s speedy trial claim.” Easley v. State, 564 S.W.2d 742, 744 (Tex. Crim.App.), cert. denied, 439 U.S. 967 , 99 S.Ct. 456 , 58 L.Ed.2d 425 (1978).

1992A five year lapse from the time of arrest until the time of trial “is certainly sufficient to require the application of the balancing test of Barker v. Wingo, supra, and that time must be considered in determining appellant’s speedy trial claim.” Easley v. State, 564 S.W.2d 742, 744 (Tex. Crim.App.), cert. denied, 439 U.S. 967 , 99 S.Ct. 456 , 58 L.Ed.2d 425 (1978).

11992–1992
Charter Medical Corp. v. Miller green
texapp · 1980
1 sentence

1987Charter Medical Corp. v. Miller, 605 S.W.2d 943 (Tex.Civ.App.—Dallas 1980, writ ref’d n.r.e.).

11987–1987

Where else courts name it

OH 8 (1985–2026) TX 7 (1987–2022) GA 6 (1992–2021) WI 5 (1996–2023) MD 5 (1987–2025) NY 4 (1978–1999) TN 4 (1990–2019) MT 3 (1973–1978) IL 3 (1987–2004) LA 3 (1975–2000) MO 2 (1986–2021) CT 2 (2009–2014) PA 2 (1989–2021) NM 2 (1999–1999) CO 2 (1989–1997)

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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