Apolinar v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the failure to request a continuance waives a complaint that the State withheld exculpatory evidence in violation of Brady
• holding that error in admitting evidence with insufficient notice under article 37.07 § 3(g) was harmless due in part to properly admitted evidence of same nature
• explaining that testimony that declarant was speaking -loudly and was, “animated” weighed in favor of determination that statement was excited utterance
• recognizing appellant = s objection was limited to hearsay and did not raise potential confrontation clause violation
• noting that statement at issue was made in response to question but that question generally asked what happened and that nothing in record suggested that answer was anything other than spontaneous
• noting basis for admitting excited utterance is assumption declarant is incapable of kind of reflection that would enable fabrication of information

Source: CourtListener parenthetical corpus (CC0).

Cited by

280 cases in this archive cite this case; the 20 most cited are listed.

• Walters v. State
  Court of Criminal Appeals of Texas· 2007-12-05· cited 850×
• Coble v. State
  Court of Criminal Appeals of Texas· 2010-10-13· cited 848×
• McCarty v. State
  Court of Criminal Appeals of Texas· 2008-06-25· cited 243×
• Buntion v. State
  Court of Criminal Appeals of Texas· 2016-01-27· cited 191×
• Felix Sandoval v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2013-09-13· cited 166×
• Tapia, Gilbert Jr.
  Court of Criminal Appeals of Texas· 2015-05-13· cited 113×
• Landers v. State
  Court of Criminal Appeals of Texas· 2008-06-18· cited 102×
• Peavey v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2008-03-12· cited 95×
• Brown v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2006-12-14· cited 67×
• Whipple v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 2009-04-22· cited 48×
• Martinez v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2010-02-10· cited 48×
• Joe Louis Tienda v. State
  Tex. App. Ct., 11th Dist. (Eastland)· 2015-05-14· cited 47×
• Lane v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2005-09-15· cited 44×
• Cuadros-Fernandez v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 2009-08-28· cited 37×
• Hartis v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2005-12-13· cited 35×
• Nickerson v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2010-05-04· cited 34×
• Mick v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2008-06-02· cited 28×
• Clark v. State
  Tex. App. Ct., 9th Dist. (Beaumont)· 2009-04-01· cited 26×
• Luna v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2009-08-26· cited 25×
• Gustavo Dominguez v. State
  Tex. App. Ct., 11th Dist. (Eastland)· 2013-04-18· cited 24×

Cites

13 cases in this archive are cited by this case.

• Zuliani v. State
  Court of Criminal Appeals of Texas· 2003-02-05· cited 1,844×
• McFarland v. State
  Court of Criminal Appeals of Texas· 1992-09-23· cited 1,003×
• Cantu v. State
  Court of Criminal Appeals of Texas· 1992-06-03· cited 840×
• State v. Wallace
  Ohio Supreme Court· 1988-06-08· cited 175×
• Hernandez v. State
  Court of Criminal Appeals of Texas· 1998-01-07· cited 125×
• Apolinar v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2003-05-22· cited 94×
• People v. Washington
  California Supreme Court· 1969-10-03· cited 62×
• Gay v. State
  Tex. App. Ct., 1st Dist. (Houston)· 1998-10-30· cited 50×
• Mosley v. State
  Tex. App. Ct., 13th Dist.· 1997-11-06· cited 43×
• Parks v. State
  Tex. App. Ct., 13th Dist.· 1993-02-24· cited 31×
• Vera v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 1986-02-12· cited 27×
• People v. Meras
  Appellate Court of Illinois· 1996-05-01· cited 17×
• A.C.M. v. State
  Court of Criminal Appeals of Alabama· 2002-10-25· cited 6×