45 Texas opinions name it 2 courts 1982–2015 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.
| Case | Followed | Cited |
|---|---|---|
United States v. Bautistagreen2 sentences2010See Bautista, 145 F.3d at 1148 ; Sprosty, 79 F.3d at 642. 2009See Bautista, 145 F.3d at 1148 ; Sprosty, 79 F.3d at 642 . | 10 | 10 |
Brown v. Illinoisgreen2 sentences2006Bell adopted the four-prong analysis of Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975), which prescribes consideration of the following factors in an attenuation analysis: 1) the giving of Miranda warnings; 2) the temporal proximity of the arrest and the confession; 3) the presence of intervening circumstances; and 4) the purpose and flagrancy of the official misconduct. 2006Bell adopted the four-prong analysis of Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975), which prescribes consideration of the following factors in an attenuation analysis: 1) the giving of Miranda warnings; 2) the temporal proximity of the arrest and the confession; 3) the presence of intervening circumstances; and 4) the purpose and flagrancy of the official misconduct. | 6 | 21 |
Missouri v. Seibertgreen2 sentences2014Marshall 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.”). | 2 | 2 |
Dowthitt v. Stategreen2 sentences2002See Dowthitt v. State , 931 S.W.2d 244, 261 (Tex. Crim. 2000The attenuation of taint analysis has been held to require a four part inquiry: “(1) the giving of Miranda warnings, (2) the temporal proximity of the arrest and the confession, (3) the presence of intervening circumstances, and (4) the purpose and flagrancy of the official misconduct.” Bell, 724 S.W.2d at 788 ; accord Dowthitt v. State, 931 S.W.2d 244 (Tex.Crim.App.1996). | 2 | 2 |
Bell v. Stategreen2 sentences2003To determine whether the causal chain between the violation of law and the illegally obtained statement is broken, the Bell court (cited in Comer ) relied on four relevant factors from Brown v. Illinois : [2] "(1) the giving of Miranda warnings; (2) the temporal proximity of the arrest and the confession; (3) the presence of intervening circumstances; and (4) the purpose and flagrancy of the official misconduct." Bell, 724 S.W.2d at 788 (citing Brown, 422 U.S. at 604-05, 95 S.Ct. at 2261-62). 2003To determine whether the causal chain between the violation of law and the illegally obtained statement is broken, the Bell court (cited in Comer) relied on four relevant factors from Brown v. Illinois: 2 “(1) the giving of Miranda warnings; (2) the temporal proximity of the arrest and the confession; (3) the presence of intervening circumstances; and (4) the purpose and flagrancy of the official misconduct.” Bell, 724 S.W.2d at 788 (citing Brown, 422 U.S. at 604-05, 95 S.Ct. at 2261-62). | 1 | 8 |
Comer v. Stategreen2 sentences2003See 776 S.W.2d at 196 . 2003See 776 S.W.2d at 196 . | 1 | 1 |
Johnson v. Stategreen1 sentence2000See Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975); Johnson v. State, 871 S.W.2d 744, 751 (Tex.Crim.App.1994). | 1 | 1 |
Wilkins v. Stategreen1 sentence2000Wilkins v. State , 960 S.W.2d 429, 433 (Tex. App.-- Eastland 1998, pet ref'd). | 1 | 1 |
Maixner v. Stategreen1 sentence2000See Maixner v. State, 753 S.W.2d 151, 156 (Tex.Crim.App.1988). | 1 | 1 |
Cortez v. Stategreen1 sentence1999See Cortez v. State, 788 S.W.2d 89, 92 (Tex.App.—Houston [14th Dist] 1990, no pet.). | 1 | 1 |
Little v. Stategreen1 sentence1994Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975); Little v. State, 758 S.W.2d 551, 565 (Tex.Crim.App.1988), cert. denied, 488 U.S. 934 , 109 S.Ct. 328 , 102 L.Ed.2d 346 (1988); Self v. State, 709 S.W.2d 662 (Tex.Crim.App.1986). | 1 | 1 |
United States v. Watsongreen2 sentences1991See, e.g., United States v. Watson, 423 U.S. 411, 425 , 96 S.Ct. 820, 828 , 46 L.Ed.2d 598 (1976). 1991See, e.g., United States v. Watson, 423 U.S. 411, 425 , 96 S.Ct. 820, 828 , 46 L.Ed.2d 598 (1976). | 1 | 1 |
DeVoyle v. Stategreen1 sentence1982DeVoyle v. State, 471 S.W.2d 77, 80 (Tex.Cr.App.1971); Draper v. State, 539 S.W.2d 61, 63 (Tex.Cr.App.1976). | 1 | 1 |
Draper v. Stategreen1 sentence1982DeVoyle v. State, 471 S.W.2d 77, 80 (Tex.Cr.App.1971); Draper v. State, 539 S.W.2d 61, 63 (Tex.Cr.App.1976). | 1 | 1 |
Green v. Stategreen1 sentence1982Id. at 601 , 95 S.Ct. at 2260 ; e.g., Green v. State, 615 S.W.2d 700, 706 (Tex.Cr.App.1980). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Larry J. Sprosty v. Dan Buchler, Acting Warden, Racine Correctional Institution, and James E. Doyle, Attorney General of the State of Wisconsin
green
2 sentences2009See Bautista, 145 F.3d at 1148 ; Sprosty, 79 F.3d at 642 . 2009See Bautista , 145 F.3d at 1148 ; Sprosty , 79 F.3d at 642 . | 9 | 2006–2009 |
Wong Sun v. United States
green
2 sentences1991In Brown , rather than enunciate a proverbial brightline rule for the exclusion of confessions taken after Fourth Amendment violations, the Supreme Court set out four factors, although not exhaustive, which should be considered in determining whether the causal connection between the illegal detention and the statements is broken so that the statements can be considered a product of a free will under Wong Sun, supra. See Bell v. State, supra. The prominent factors to be considered are: 1) the giving of Miranda warnings; 2) the temporal proximity of the arrest and the confession; 3) the presenc 1991In Brown , rather than enunciate a proverbial brightline rule for the exclusion of confessions taken after Fourth Amendment violations, the Supreme Court set out four factors, although not exhaustive, which should be considered in determining whether the causal connection between the illegal detention and the statements is broken so that the statements can be considered a product of a free will under Wong Sun, supra. See Bell v. State, supra. The prominent factors to be considered are: 1) the giving of Miranda warnings; 2) the temporal proximity of the arrest and the confession; 3) the presenc | 2 | 1986–1991 |
Jose Vasquez v. State
green
1 sentence2015Specifically, defense counsel’s argument was that this was an impermissible “two- step” interview where a confession was first obtained during questioning conducted 1 See also State’s Exhibit 150 (video recording of the Appellant’s statement to Detective Bolton); Vasquez, 397 S.W.3d at 857 n. 12. 5 prior to the giving of Miranda warnings, and that the Appellant was read his Miranda rights for the first time once the recording had begun. (4 R.R. at 105-106). | 1 | 2015–2015 |
Taylor v. Alabama
green
2 sentences1994Taylor v. Alabama, 457 U.S. 687 , 102 S.Ct. 2664 , 73 L.Ed.2d 314 (1982), held that giving of the Miranda warnings three times did not cure the illegality of the arrest. 1994Taylor v. Alabama, 457 U.S. 687 , 102 S.Ct. 2664 , 73 L.Ed.2d 314 (1982), held that giving of the Miranda warnings three times did not cure the illegality of the arrest. | 1 | 1994–1994 |
Duncan v. Tennessee
green
1 sentence1994Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975); Little v. State, 758 S.W.2d 551, 565 (Tex.Crim.App.1988), cert. denied, 488 U.S. 934 , 109 S.Ct. 328 , 102 L.Ed.2d 346 (1988); Self v. State, 709 S.W.2d 662 (Tex.Crim.App.1986). | 1 | 1994–1994 |
Harmon v. Thornburgh
green
1 sentence1994Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975); Little v. State, 758 S.W.2d 551, 565 (Tex.Crim.App.1988), cert. denied, 488 U.S. 934 , 109 S.Ct. 328 , 102 L.Ed.2d 346 (1988); Self v. State, 709 S.W.2d 662 (Tex.Crim.App.1986). | 1 | 1994–1994 |
Self v. State
green
1 sentence1994Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975); Little v. State, 758 S.W.2d 551, 565 (Tex.Crim.App.1988), cert. denied, 488 U.S. 934 , 109 S.Ct. 328 , 102 L.Ed.2d 346 (1988); Self v. State, 709 S.W.2d 662 (Tex.Crim.App.1986). | 1 | 1994–1994 |
Dancy v. State
green
2 sentences1991Dancy v. State, 728 S.W.2d 772 (Tex.Cr.App.1987), cert. denied, 484 U.S. 975 , 108 S.Ct. 485 , 98 L.Ed.2d 484 . 1991Dancy v. State, 728 S.W.2d 772 (Tex.Cr. | 1 | 1991–1991 |
Brick v. State
green
2 sentences1991As we recognized in Brick, supra, Brown v. Illinois, supra, only "held that giving the Miranda warnings would not per se remove the taint of a confession which, though voluntarily given, followed on the heels of an unconstitutional arrest." Brick v. State, supra, at 679. 1991As we recognized in Brick, supra, Brown v. Illinois, supra, only “held that giving the Miranda warnings would not per se remove the taint of a confession which, though voluntarily given, followed on the heels of an unconstitutional arrest.” Brick v. State, supra, at 679. | 1 | 1991–1991 |
Dancy v. Texas
green
1 sentence1991Dancy v. State, 728 S.W.2d 772 (Tex.Cr.App.1987), cert. denied, 484 U.S. 975 , 108 S.Ct. 485 , 98 L.Ed.2d 484 . | 1 | 1991–1991 |
Martin-Musumeci v. Cramer
green
1 sentence1991Dancy v. State, 728 S.W.2d 772 (Tex.Cr.App.1987), cert. denied, 484 U.S. 975 , 108 S.Ct. 485 , 98 L.Ed.2d 484 . | 1 | 1991–1991 |
Dancy v. Texas
green
1 sentence1991Dancy v. State, 728 S.W.2d 772 (Tex.Cr.App.1987), cert. denied, 484 U.S. 975 , 108 S.Ct. 485 , 98 L.Ed.2d 484 . | 1 | 1991–1991 |
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.
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.