6 Texas opinions name it 2 courts 1988–2024 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.
| Case | Followed | Cited |
|---|---|---|
Wiley v. Stategreen1 sentence2024To present such evidence, the defendant must show a “nexus between the crime charged and the alleged ‘alternative perpetrator.’” Wiley v. State, 74 S.W.3d 399, 406 (Tex. Crim. | 1 | 1 |
Bender v. Stategreen1 sentence2014See Bender v. State, 739 S.W.2d 409, 412 (Tex. App.—Houston [14th Dist.] 1987, pet. ref’d) (holding that officer’s description of addresses and intersections provided circumstantial evidence that arrest occurred in Houston, Texas). | 1 | 1 |
Commonwealth v. Loepergreen2 sentences1999See McLean v. Moran, 963 F.2d 1306, 1307 (9th Cir.1992) (person can fail all field sobriety tests even if blood alcohol concentration is less than 0.10%); Commonwealth v. Loeper, 541 Pa. 393 , 663 A.2d 669, 673 (1995) (“[I]mpairment evidence is not relevant since it does not logically or reasonably tend to prove or disprove that a defendant’s blood alcohol level was .10% or greater at the time that she drove her automobile, it does not tend to make such a fact more or less probable and it does not afford a basis for or support a reasonable inference or presumption regarding whether a defendant 1999See McLean v. Moran, 963 F.2d 1306, 1307 (9th Cir.1992) (person can fail all field sobriety tests even if blood alcohol concentration is less than 0.10%); Commonwealth v. Loeper, 541 Pa. 393 , 663 A.2d 669, 673 (1995) (“[I]mpairment evidence is not relevant since it does not logically or reasonably tend to prove or disprove that a defendant’s blood alcohol level was .10% or greater at the time that she drove her automobile, it does not tend to make such a fact more or less probable and it does not afford a basis for or support a reasonable inference or presumption regarding whether a defendant | 1 | 1 |
Daricek v. Stategreen2 sentences1999But see Martin, 964 S.W.2d at 775-76 (holding that evidence of physical signs of intoxication and failed sobriety tests constitute “evidence suggesting ... the prohibited alcohol concentration”); Daricek v. State, 875 S.W.2d 770, 778 (Tex.App.-Austin 1994, pet. ref'd) (“[E]vidence of [the defendant’s] failure to pass field sobriety tests immediately after driving his vehicle tends to make it more probable that the failed blood or breath test taken an hour later accurately reflect [sic] the driver’s condition at the time of the offense.”). 1999But see Martin, 964 S.W.2d at 775-76 (holding that evidence of physical signs of intoxication and failed sobriety tests constitute "evidence suggesting ... the prohibited alcohol concentration"); Daricek v. State, 875 S.W.2d 770, 773 (Tex.App.Austin 1994, pet. ref'd) ("[E]vidence of [the defendant's] failure to pass field sobriety tests immediately after driving his vehicle tends to make it more probable that the failed blood or breath test taken an hour later accurately reflect [sic] the driver's condition at the time of the offense."). | 1 | 1 |
Patricia McLean v. John Moran, Sheriff of Clark County, Brian McKay Attorney General of State of Nevadagreen2 sentences1999See McLean v. Moran, 963 F.2d 1306, 1307 (9th Cir.1992) (person can fail all field sobriety tests even if blood alcohol concentration is less than 0.10%); Commonwealth v. Loeper, 541 Pa. 393 , 663 A.2d 669, 673 (1995) (“[I]mpairment evidence is not relevant since it does not logically or reasonably tend to prove or disprove that a defendant’s blood alcohol level was .10% or greater at the time that she drove her automobile, it does not tend to make such a fact more or less probable and it does not afford a basis for or support a reasonable inference or presumption regarding whether a defendant 1999See McLean v. Moran, 963 F.2d 1306, 1307 (9th Cir.1992) (person can fail all field sobriety tests even if blood alcohol concentration is less than 0.10%); Commonwealth v. Loeper, 541 Pa. 393 , 663 A.2d 669, 673 (1995) ("[I]mpairment evidence is not relevant since it does not logically or reasonably tend to prove or disprove that a defendant's blood alcohol level was .10% or greater at the time that she drove her automobile, it does not tend to make such a fact more or less probable and it does not afford a basis for or support a reasonable inference or presumption regarding whether a defendant | 1 | 1 |
Commonwealth v. Gonzalezgreen2 sentences1999See McLean v. Moran, 963 F.2d 1306, 1307 (9th Cir.1992) (person can fail all field sobriety tests even if blood alcohol concentration is less than 0.10%); Commonwealth v. Loeper, 541 Pa. 393 , 663 A.2d 669, 673 (1995) (“[I]mpairment evidence is not relevant since it does not logically or reasonably tend to prove or disprove that a defendant’s blood alcohol level was .10% or greater at the time that she drove her automobile, it does not tend to make such a fact more or less probable and it does not afford a basis for or support a reasonable inference or presumption regarding whether a defendant 1999See McLean v. Moran, 963 F.2d 1306, 1307 (9th Cir.1992) (person can fail all field sobriety tests even if blood alcohol concentration is less than 0.10%); Commonwealth v. Loeper, 541 Pa. 393 , 663 A.2d 669, 673 (1995) (“[I]mpairment evidence is not relevant since it does not logically or reasonably tend to prove or disprove that a defendant’s blood alcohol level was .10% or greater at the time that she drove her automobile, it does not tend to make such a fact more or less probable and it does not afford a basis for or support a reasonable inference or presumption regarding whether a defendant | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Martin v. Department of Public Safetygreen2 sentences1999But see Martin, 964 S.W.2d at 775-76 (holding that evidence of physical signs of intoxication and failed sobriety tests constitute “evidence suggesting ... the prohibited alcohol concentration”); Daricek v. State, 875 S.W.2d 770, 778 (Tex.App.-Austin 1994, pet. ref'd) (“[E]vidence of [the defendant’s] failure to pass field sobriety tests immediately after driving his vehicle tends to make it more probable that the failed blood or breath test taken an hour later accurately reflect [sic] the driver’s condition at the time of the offense.”). 1999But see Martin, 964 S.W.2d at 775-76 (holding that evidence of physical signs of intoxication and failed sobriety tests constitute "evidence suggesting ... the prohibited alcohol concentration"); Daricek v. State, 875 S.W.2d 770, 773 (Tex.App.Austin 1994, pet. ref'd) ("[E]vidence of [the defendant's] failure to pass field sobriety tests immediately after driving his vehicle tends to make it more probable that the failed blood or breath test taken an hour later accurately reflect [sic] the driver's condition at the time of the offense."). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Prible v. State
green
1 sentence2024Such evidence is “admissible if it raises a reasonable inference or presumption as to the defendant’s innocence and is limited to facts that are inconsistent with his own guilt, but it is not admissible if it merely casts a bare suspicion upon another or raises a conjectural inference as to the commission of the crime by another.” Id. at 469 . | 1 | 2024–2024 |
Holmes v. South Carolina
green
1 sentence2008The trial court excluded Holmes' evidence pursuant to a state rule that allowed evidence of a third party's guilt if it "'raise[s] a reasonable inference or presumption as to [the defendant's] own innocence,'" but not if it merely "cast[s] a bare suspicion upon another'" or "'raise[s] a conjectural inference as to the commission of the crime by another.'" Id . at 323-24, 126 S. Ct. at 1731 . | 1 | 2008–2008 |
SmithKline Beecham Corp. v. Doe
green
1 sentence1995Without further explanation, the majority declares, "The case before us is more like Boyles than Roark or Gulf." 903 S.W.2d at 355 . | 1 | 1995–1995 |
Alejandro v. State
green
1 sentence1988Alejandro v. State, 493 S.W.2d 230 (Tex.Crim.App.1973). | 1 | 1988–1988 |
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.