Herrera v. State

How courts have described this case

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

• noting that even if trial court erred in admitting identification, there was overwhelming evidence showing appellant was perpetrator, making court’s error, if any, harmless beyond reasonable doubt
• “[I]n-court identification will only be inadmissible if the State fails to show by clear and convincing evidence that the identification is not tainted”
• adopting Wadefactors for purpose of assessing independent origin
• adopting Wade factors for purpose of assessing independent origin

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Herrera v. Collins
  Supreme Court· 1993-01-25· cited 3,060×
• Penry v. State
  Court of Criminal Appeals of Texas· 1995-06-07· cited 713×
• Ibarra v. State
  Court of Criminal Appeals of Texas· 1999-10-20· cited 582×
• Barley v. State
  Court of Criminal Appeals of Texas· 1995-06-21· cited 487×
• Thomas v. State
  Court of Criminal Appeals of Texas· 1985-10-09· cited 283×
• Buxton v. State
  Court of Criminal Appeals of Texas· 1985-09-25· cited 116×
• State v. McHoney
  Supreme Court of South Carolina· 2001-03-19· cited 100×
• Leonel Torres Herrera v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division
  Fifth Circuit· 1990-06-25· cited 39×
• Brown v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2001-07-26· cited 38×
• Leonel Torres Herrera v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division
  Fifth Circuit· 1992-02-18· cited 36×
• Hughes v. State
  Tex. App. Ct., 1st Dist. (Houston)· 1998-03-04· cited 24×
• Ex Parte Herrera
  Court of Criminal Appeals of Texas· 1991-09-18· cited 23×
• Ponce v. State
  Court of Appeals of Texas· 2001-06-21· cited 20×
• Woodson v. State
  Tex. App. Ct., 13th Dist.· 1989-08-31· cited 17×
• Jimenez v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 1990-03-21· cited 16×
• Mayfield v. State
  Tex. App. Ct., 13th Dist.· 1991-01-31· cited 15×
• State Ex Rel. Holmes v. Third Court of Appeals of Texas
  Court of Criminal Appeals of Texas· 1993-08-16· cited 15×
• Jose J. Santiago v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2011-11-17· cited 15×
• Williams v. State
  Court of Appeals of Texas· 1990-11-28· cited 14×
• Knott v. State
  Court of Appeals of Texas· 2017-02-10· cited 12×