defendant may constitute waiver (Texas) · Go Syfert
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defendant may constitute waiver in Texas

51 Texas opinions name it 3 courts 1999–2026 6 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 (8)

CaseFollowedCited
State v. Munozgreen
texcrimapp · 1999 · cited in 41 Texas opinions naming this issue, 1999–2026
2 sentences

2026State v. Munoz, 991 S.W.2d 818, 822 (Tex. Crim.

2023See Hopper, 520 S.W.3d at 924 ; Rivera v. State, 990 S.W.2d 882, 890 (Tex. App.—Austin 1999, pet. ref’d) (“Delay which is attributable in whole or in part to the defendant may constitute a waiver of a speedy trial claim.” (citing State v. Munoz, 991 S.W.2d 818, 821 (Tex. Crim.

1741
Barker v. Wingogreen
scotus · 1972 · cited in 16 Texas opinions naming this issue, 1999–2023
2 sentences

2023Id. (citation omitted).

2022Barker, 407 U.S. at 529 (“We hardly need add that if delay is attributable to the defendant, then his waiver may be given effect under standard waiver doctrine, the demand rule aside.”); Rivera v. State, 990 S.W.2d 882, 890 (Tex. App.—Austin 1999, pet. ref’d) (given defendant’s “hasty disappearance from Austin” and use of aliases, the “reason for delay” factor did not weigh against the State).

816
Dickey v. Floridagreen
scotus · 1970 · cited in 9 Texas opinions naming this issue, 1999–2019
2 sentences

2019Munoz, 991 S.W.2d at 822 ; see Barker, 407 U.S. at 528–30; Dickey v. Florida, 398 U.S. 30, 48 (1970) (Brennan, J., concurring) (defendant may be “disentitled to the speedy-trial safeguard in the case of a delay for which he has, or shares, responsibility”). 5 There is no evidence of deliberate delay in this case.

2018Munoz, 991 S.W.2d at 822 ; see Barker, 407 U.S. at 528–30 (delay attributable to defendant constitutes waiver of speedy trial); Dickey v. Florida, 398 U.S. 30, 48 (1970) (Brennan, J., concurring) (defendant may be “disentitled to the speedy-trial safeguard in the case of a delay for which he has, or shares, responsibility”).

89
Rivera v. Stategreen
texapp · 1999 · cited in 4 Texas opinions naming this issue, 2003–2023
2 sentences

2023See Hopper, 520 S.W.3d at 924 ; Rivera v. State, 990 S.W.2d 882, 890 (Tex. App.—Austin 1999, pet. ref’d) (“Delay which is attributable in whole or in part to the defendant may constitute a waiver of a speedy trial claim.” (citing State v. Munoz, 991 S.W.2d 818, 821 (Tex. Crim.

2022Barker, 407 U.S. at 529 (“We hardly need add that if delay is attributable to the defendant, then his waiver may be given effect under standard waiver doctrine, the demand rule aside.”); Rivera v. State, 990 S.W.2d 882, 890 (Tex. App.—Austin 1999, pet. ref’d) (given defendant’s “hasty disappearance from Austin” and use of aliases, the “reason for delay” factor did not weigh against the State).

44
Hopper v. Stategreen
texcrimapp · 2017 · cited in 2 Texas opinions naming this issue, 2019–2023
2 sentences

2023See Hopper, 520 S.W.3d at 924 ; Rivera v. State, 990 S.W.2d 882, 890 (Tex. App.—Austin 1999, pet. ref’d) (“Delay which is attributable in whole or in part to the defendant may constitute a waiver of a speedy trial claim.” (citing State v. Munoz, 991 S.W.2d 818, 821 (Tex. Crim.

2019Hopper, 520 S.W.3d at 924 ; Balderas, 517 S.W.3d at 768 . 2 2 Delay that is attributable in whole or in part to the defendant may constitute a waiver of the speedy-trial claim.

12
Prescott v. Stategreen
texapp · 2003 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023App. 1999))); Prescott v. State, 123 S.W.3d 506, 516 (Tex. App.—San Antonio 2003, no pet.) (“In this case, part of the delay was caused by [defendant]’s attorney’s continuances, announcements of not ready, and failures to appear.

11
Jackson v. Stategreen
texcrimapp · 2000 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See Jackson v. State, 17 S.W.3d 664, 674 (Tex. Crim.

11
Webb v. Stategreen
texapp · 2000 · cited in 1 Texas opinions naming this issue, 2005–2005
1 sentence

2005See State v. Munoz , 991 S.W.2d at 822 ; Webb v. State , 36 S.W.3d 164, 173 (Tex. App.—Houston [14th Dist.] 2000, pet. ref’d).

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 (1)

CaseCitedYears
Balderas v. State green
texcrimapp · 2016
1 sentence

2019Hopper, 520 S.W.3d at 924 ; Balderas, 517 S.W.3d at 768 . 2 2 Delay that is attributable in whole or in part to the defendant may constitute a waiver of the speedy-trial claim.

12019–2019

Statutes the citing opinions construe

TX § Tex. Penal Code § 49.04 (6) TX § Tex. Penal Code § 19.02 (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

TX 51 (1999–2026) CA 5 (1970–1988) IN 3 (2005–2007) ID 2 (1980–1995) MT 2 (2008–2008)

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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