Fischer 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 rule 803(1) was not applicable when the officer did not merely explain or describe events but participated in and created the events in his recorded observations
• holding that rule 803(1) was not applicable when the officer did not merely explain or describe events but participated in and created the events in his recorded observations
• holding that rule 803(1) was not applicable when the officer did not merely explain or describe events but participated in and created the events in his recorded observations
• recognizing that “res gestae,” literally translated as “things done,” is “an imprecise Latin legalese term” which has been used to describe several different types of “unreflective statements” which are hearsay exceptions under the rules of evidence
• stating that 803(1) is “predicated on the notion that the utterance is a reflex product of immediate sensual impressions, unaided by retrospective mental processes”
• stating that 803(1) is “predicated on the notion that the utterance is a reflex product of immediate sensual impressions, unaided by retrospective mental processes”

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Walter v. State
  Court of Criminal Appeals of Texas· 2008-10-01· cited 101×
• Reyes v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2010-03-17· cited 47×
• Flores v. State
  Court of Appeals of Texas· 2016-11-29· cited 45×
• Texas Department of Public Safety v. Caruana
  Texas Supreme Court· 2012-03-30· cited 34×
• Russell v. State
  Tex. App. Ct., 9th Dist. (Beaumont)· 2009-05-13· cited 29×
• Resendez v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2008-05-29· cited 23×
• Dixon v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2011-12-14· cited 22×
• Wilkinson v. State
  Court of Appeals of Texas· 2017-04-27· cited 16×
• Martin Suarez Juarez v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2015-03-24· cited 15×
• Peter H. Eggert v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2012-11-07· cited 15×
• Ford v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2008-10-01· cited 13×
• Eloy Jiovanni Perez Alcala v. State
  Tex. App. Ct., 13th Dist.· 2013-11-14· cited 12×
• Fields v. State
  Court of Appeals of Texas· 2016-11-30· cited 12×
• Phillips v. Texas Department of Public Safety
  Tex. App. Ct., 9th Dist. (Beaumont)· 2012-03-08· cited 4×
• State of Arizona v. Arthur Cornell Wright
  Court of Appeals of Arizona· 2016-03-23· cited 3×
• Jeremias Fuentes v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2009-12-03
• Ross Layton Ford v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2008-10-01
• William Cash Love v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2000-05-10
• Unnamed case
  Tex. App. Ct., 7th Dist. (Amarillo)· 2004-03-26
• Davey Enriquez v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2009-07-07

Cites

35 cases in this archive are cited by this case; the 20 most cited are listed.

• Crawford v. Washington
  Supreme Court· 2004-03-08· cited 14,756×
• Davis v. Washington
  Supreme Court· 2006-06-19· cited 4,179×
• Johnson v. United States
  Supreme Court· 1948-02-02· cited 3,856×
• Wall v. State
  Court of Criminal Appeals of Texas· 2006-01-18· cited 566×
• Commonwealth v. Farquharson
  Supreme Court of Pennsylvania· 1976-01-29· cited 388×
• Pondexter v. State
  Court of Criminal Appeals of Texas· 1996-10-16· cited 349×
• Rabbani v. State
  Court of Criminal Appeals of Texas· 1992-09-23· cited 293×
• Cole v. State
  Court of Criminal Appeals of Texas· 1992-10-21· cited 200×
• United States of America, Appellee/cross-Appellant v. Kevin Manfre, Appellant/cross-Appellee
  Eighth Circuit· 2004-06-21· cited 168×
• United States v. Oscar Ramos Quezada
  Fifth Circuit· 1985-02-20· cited 116×
• United States v. Ralph Pena-Gutierrez
  Ninth Circuit· 2000-08-11· cited 99×
• United States v. Hoyle Lamont Peacock, Vera Lee Peacock and Harvey Coleman Peacock
  Fifth Circuit· 1981-08-27· cited 91×
• United States v. Byron Mitchell
  Third Circuit· 1998-05-14· cited 89×
• Commonwealth v. Coleman
  Supreme Court of Pennsylvania· 1974-10-16· cited 88×
• Mark Cody v. Taft Harris and Dontron, Inc.
  Seventh Circuit· 2005-05-31· cited 85×
• United States v. Charles Woods
  Seventh Circuit· 2002-08-20· cited 62×
• United States v. Francisco Hernandez-Rojas
  Ninth Circuit· 1980-04-25· cited 58×
• United States v. Refugio Ruiz
  Seventh Circuit· 2001-05-02· cited 52×
• State v. Blubaugh
  Court of Appeals of Utah· 1995-09-28· cited 48×
• Brooks v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 2004-04-28· cited 47×