Topic: each case must be examined on its facts to determine if the… · Go Syfert
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Topic #12920

6 canonical passages across 5 cases, quoted by 30 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Davis v. State.

#Case FlagCanonical passage Citers
1 Davis v. State Anchor
texapp · 2005
green “each case must be examined on its facts to determine if the evidence is testimonial.” 5
2 Davis v. State
texapp · 2005
green “a police officer carrying out an investigation.” 5
3 Wall v. State
texcrimapp · 2006
green “a testimonial statement is inadmissible absent a showing that the declarant is presently unavailable and the defendant had a prior opportunity for cross-examination, even if the statement falls under a firmly rooted hearsay exception or bears particularized guarantees of trustwo…” 5
4 State v. Edmond
texcrimapp · 1996
green “where a statute is susceptible of two constructions, by one of which grave and doubtful constitutional questions arise and by the other of which such questions are avoided, the court's duty is to adopt the latter.” 5
5 Commission for Lawyer Discipline v. Benton
tex · 1998
green “unconstitutionally vague on its face.” 5
6 Long v. State
texcrimapp · 1996
green “have a general duty to employ narrowing constructions to prevent a statute from being unconstitutional.” 5

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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