deliberate violation (Texas) · Go Syfert
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deliberate violation in Texas

6 Texas opinions name it 1 courts 1981–2024 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 (2)

CaseFollowedCited
Missouri v. Seibertgreen
scotus · 2004 · cited in 2 Texas opinions naming this issue, 2014–2014
2 sentences

2014Marshall dissenting) (“I trust today’s decision does not suggest that police officers can circumvent Miranda by deliberately postponing the official “arrest” and the giving of Miranda warnings until the necessary incriminating statements have been obtained.”); see also Missouri v. Seibert, 542 U.S. 600, 620 , 124 S.Ct. 2601, 2615 , 159 L.Ed.2d 643 (2004) (“The police used a two-step questioning technique based on a deliberate violation of Miranda.”).

2014Marshall dissenting) (“I trust today’s decision does not suggest that police officers can circumvent Miranda by deliberately postponing the official “arrest” and the giving of Miranda warnings until the necessary incriminating statements have been obtained.”); see also Missouri v. Seibert, 542 U.S. 600, 620 , 124 S.Ct. 2601, 2615 , 159 L.Ed.2d 643 (2004) (“The police used a two-step questioning technique based on a deliberate violation of Miranda.”).

22
Stahl v. Stategreen
texcrimapp · 1988 · cited in 2 Texas opinions naming this issue, 2022–2024
2 sentences

2024The factors are whether (1) the defendant objected to the prosecutor’s conduct; (2) the prosecutor’s conduct was a deliberate violation of an express court order; and (3) the conduct was “so blatant as to border on being contumacious.” Id. at 831 (noting the 12 prosecutor’s improper conduct “indicate[d] a desire to impermissibly sway the jury”).

2022Id. at 831 .

12

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
Oregon v. Kennedy green
scotus · 1982
1 sentence

2015Id. at 511 (citing West v. State, 52 Md.

12015–2015
West v. State green
mdctspecapp · 1982
1 sentence

2015Id. at 511 (citing West v. State, 52 Md.

12015–2015
Texas Employment Commission v. Ryan green
texapp · 1972
2 sentences

1981Texas Employment Commission v. Ryan, 481 S.W.2d 172 (Tex.Civ.App.—Texarkana 1972, no writ), and cases there cited.

1981Texas Employment Commission v. Ryan, 481 S.W.2d 172 (Tex.Civ.App.—Texarkana 1972, no writ), and cases there cited.

11981–1981

Where else courts name it

PA 522 (1909–2026) LA 132 (1955–2015) MO 71 (1954–2025) ID 43 (1953–2024) AR 22 (1934–2008) FL 21 (1980–2015) IN 17 (1950–2014) IL 14 (1875–2021) VA 13 (1989–2018) CA 13 (1973–2020) DC 12 (1972–2015) NV 12 (1986–2016) MI 11 (1946–1978) NJ 11 (1965–2019) KS 11 (1989–2021) NC 10 (1973–2026) NM 8 (1980–2020) MD 7 (1958–2019) OR 7 (1947–1978) TX 6 (1981–2024) AZ 6 (1972–1996) IA 5 (1991–2019) NH 5 (2003–2011) OH 4 (2006–2024) CT 4 (1961–2008) MN 4 (1984–2015) MA 4 (1921–2020) MS 4 (2000–2016) AL 4 (1987–2015) MT 3 (1984–2013) SC 3 (1982–2012) UT 3 (1983–2023) WA 3 (1970–2004) CO 3 (1982–2019) NY 3 (1985–2018) WV 2 (1997–2003) VI 2 (1994–2001) KY 2 (1995–2009)

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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