statement is admissible rule (Texas) · Go Syfert
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statement is admissible rule in Texas

7 Texas opinions name it 1 courts 2005–2006 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 (2)

CaseFollowedCited
United States v. Leonard Dimariagreen
ca2 · 1984 · cited in 3 Texas opinions naming this issue, 2006–2006
2 sentences

2006In arguing that the statement is admissible under rule of evidence 803(3), Appellant cites United States v. DiMaria, 727 F.2d 265, 270-72 (2nd Cir.1984).

2006In arguing that the statement is admissible under rule of evidence 803(3), Appellant cites United States v. DiMaria , 727 F.2d 265, 270-72 (2nd Cir. 1984).

33
Ross v. Stategreen
texapp · 1994 · cited in 2 Texas opinions naming this issue, 2006–2006
2 sentences

2006While the amount of time between the event and the making of the statements in question is one factor to consider when determining if a statement is admissible under rule 803(2), "the critical factor is whether the declarant was still dominated by the emotions, excitement, fear, or pain of the event." Ross v. State , 879 S.W.2d 248, 249 (Tex. App.--Houston [14th Dist.] 1994, pet. ref'd).

2006While the amount of time between the event and the making of the statements in question is one factor to consider when determining if a statement is admissible under rule 803(2), “the critical factor is whether the declarant was still dominated by the emotions, excitement, fear, or pain of the event.” Ross v. State, 879 S.W.2d 248, 249 (Tex. App.—Houston [14th Dist.] 1994, pet. ref’d).

22

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
Bingham v. State green
texcrimapp · 1999
2 sentences

2005Bingham , 987 S.W.2d at 57 .

2005Bingham, 987 S.W.2d at 57 .

22005–2005

Where else courts name it

TX 7 (2005–2006) MN 3 (2015–2024) NE 2 (1996–2006)

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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