Garcia v. State

How courts have described this case

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

• concluding that in appeal of ruling on motion to suppress “[t]he determination of whether a statement is voluntary is a mixed question of law and fact, i.e., an application of law to a fact question”
• holding there is no issue of a “cold” record if the appeal is abated to the same trial judge that made the initial findings
• holding judge may believe or disbelieve all or any part of a 9 witness’s testimony
• remanding for de novo suppression hearing and rejecting the written findings of a successor trial judge who did not preside over the original suppression hearing
• dismissing dissenting opinion’s argument that the Court reach out and overrule Wicker v. State, 740 S.W.2d 779 (Tex. Crim. App. 1987), and explaining “[t]his court’s jurisdiction is limited to review of decisions by the courts of appeals.”
• “[I]t is not appropriate for the second judge in the instant case to make findings of fact based solely on the written transcript of the initial hearing.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• State v. Ross
  Court of Criminal Appeals of Texas· 2000-11-29· cited 3,729×
• Curry v. State
  Court of Criminal Appeals of Texas· 2000-09-20· cited 1,894×
• Wiede v. State
  Court of Criminal Appeals of Texas· 2007-01-31· cited 1,369×
• Routier v. State
  Court of Criminal Appeals of Texas· 2003-05-21· cited 357×
• Jeffley v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2001-02-15· cited 102×
• Drake v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2003-11-13· cited 77×
• Esaw Lampkin v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2015-08-11· cited 60×
• Peralta v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 2010-11-30· cited 50×
• Rice v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 2006-07-07· cited 49×
• Jimenez v. State
  Tex. App. Ct., 13th Dist.· 2002-02-21· cited 46×
• Vasquez v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2005-11-18· cited 41×
• Wamget v. State
  Court of Criminal Appeals of Texas· 2001-09-12· cited 39×
• State v. Woodard
  Court of Appeals of Texas· 2010-04-01· cited 28×
• Brandon Joseph Williams v. State
  Court of Appeals of Texas· 2016-08-18· cited 28×
• State v. Crawford
  Tex. App. Ct., 5th Dist. (Dallas)· 2003-10-30· cited 17×
• Ruben Escobedo Juarez v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2013-07-02· cited 17×
• Wilson v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2011-04-12· cited 15×
• Hastings v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2000-05-10· cited 13×
• Haynes v. Quarterman
  Fifth Circuit· 2009-03-17· cited 9×
• Sander v. State
  Tex. App. Ct., 9th Dist. (Beaumont)· 2001-08-29· cited 9×

Cites

18 cases in this archive are cited by this case.

• Guzman v. State
  Court of Criminal Appeals of Texas· 1997-09-24· cited 6,556×
• Jackson v. Denno
  Supreme Court· 1964-06-22· cited 6,121×
• Marin v. State
  Court of Criminal Appeals of Texas· 1993-03-10· cited 1,480×
• Sims v. Georgia
  Supreme Court· 1967-01-23· cited 561×
• Wicker v. State
  Court of Criminal Appeals of Texas· 1987-10-21· cited 246×
• Green v. State
  Court of Criminal Appeals of Texas· 1995-09-20· cited 162×
• Baker v. State
  Court of Criminal Appeals of Texas· 1997-05-21· cited 121×
• Ex Parte Sadberry
  Court of Criminal Appeals of Texas· 1993-11-03· cited 119×
• Ex Parte Tovar
  Court of Criminal Appeals of Texas· 1995-06-21· cited 87×
• Smolarski v. Owens
  Supreme Court· 1988-03-07· cited 73×
• Hester v. State
  Court of Criminal Appeals of Texas· 1976-04-14· cited 55×
• Bonham v. State
  Court of Criminal Appeals of Texas· 1983-01-18· cited 47×
• McKittrick v. State
  Court of Criminal Appeals of Texas· 1976-04-28· cited 46×
• Davis v. State
  Court of Criminal Appeals of Texas· 1973-09-25· cited 42×
• Dykes v. State
  Court of Criminal Appeals of Texas· 1983-05-04· cited 17×
• Bass v. State
  Court of Criminal Appeals of Texas· 1982-01-27· cited 17×
• Grant v. State
  Court of Criminal Appeals of Texas· 1998-06-24· cited 16×
• Simpson v. State
  Court of Criminal Appeals of Texas· 1980-06-04· cited 14×