Court of Criminal Appeals of Texas· 2/24/2010
Joseph v. State
Citations
- 309 S.W.3d 20
- 2010 Tex. Crim. App. LEXIS 15
- 2010 WL 625072
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that generally neither express oral nor written waiver is required
- stating that totality-of-circumstances approach requires consideration of “all the circumstances surrounding the interrogation,” including accused’s experience, background, and conduct
- stating that, in absence of express and explicit waiver of Miranda rights, the totality of circumstances may show voluntary waiver of these rights
- stating that, in absence of express and explicit waiver of Miranda rights, the totality of circumstances may show voluntary waiver of these rights
- noting that a waiver of Miranda4 rights must be done knowingly, intelligently, and voluntarily
- holding that the defendant’s statement was made with full awareness of his rights and the consequences of abandoning them where the article 38.22/Miranda warnings were read to him and where, when asked if he understood his rights, he replied that he did and signed his name on a warning card
Source: CourtListener parenthetical corpus (CC0).
Judges: Cochran, Hervey, Holcomb, Johnson, Keasler, Keller, Meyers, Price
Read full opinion on CourtListenerCited by
184 cases in this archive cite this case; the 20 most cited are listed.
- Estrada v. StateCourt of Criminal Appeals of Texas· 2010-06-16· cited 582×
- Lucio v. StateCourt of Criminal Appeals of Texas· 2011-09-14· cited 574×
- Leza v. StateCourt of Criminal Appeals of Texas· 2011-10-12· cited 253×
- Carter v. StateCourt of Criminal Appeals of Texas· 2010-03-24· cited 132×
- Quadreuy Flowers v. StateTex. App. Ct., 6th Dist. (Texarkana)· 2014-06-03· cited 64×
- Esaw Lampkin v. StateTex. App. Ct., 6th Dist. (Texarkana)· 2015-08-11· cited 60×
- Woodard v. StateCourt of Criminal Appeals of Texas· 2010-10-06· cited 44×
- Robert Taylor Williams v. StateTex. App. Ct., 14th Dist. (Houston)· 2013-06-11· cited 36×
- Pedro Ernesto Umana v. StateTex. App. Ct., 14th Dist. (Houston)· 2014-08-26· cited 29×
- Kivean Deshai Coffey v. StateTex. App. Ct., 6th Dist. (Texarkana)· 2014-06-13· cited 28×
- Puente v. StateCourt of Criminal Appeals of Texas· 2010-09-22· cited 22×
- Ricardo L. Hernandez v. StateTex. App. Ct., 4th Dist. (San Antonio)· 2012-11-14· cited 22×
- Diamond v. StateCourt of Appeals of Texas· 2016-06-07· cited 22×
- Cristobal Galvan-Cerna v. StateTex. App. Ct., 1st Dist. (Houston)· 2014-08-29· cited 20×
- Garcia, Irving MaganaCourt of Criminal Appeals of Texas· 2014-04-09· cited 20×
- Gustavo Andres Vasquez v. StateCourt of Appeals of Texas· 2016-08-25· cited 18×
- Ruben Escobedo Juarez v. StateTex. App. Ct., 1st Dist. (Houston)· 2013-07-02· cited 17×
- Gately v. StateTex. App. Ct., 11th Dist. (Eastland)· 2010-05-20· cited 16×
- Hodson v. StateTex. App. Ct., 4th Dist. (San Antonio)· 2011-11-09· cited 15×
- Gibbs v. StateCourt of Appeals of Texas· 2018-07-03· cited 15×
Cites
25 cases in this archive are cited by this case; the 20 most cited are listed.
- Miranda v. ArizonaSupreme Court· 1966-06-13· cited 58,288×
- Jackson v. DennoSupreme Court· 1964-06-22· cited 6,121×
- Colorado v. ConnellySupreme Court· 1986-12-10· cited 4,016×
- Moran v. BurbineSupreme Court· 1986-03-10· cited 3,339×
- North Carolina v. ButlerSupreme Court· 1979-04-24· cited 2,172×
- Fare v. Michael C.Supreme Court· 1979-10-01· cited 1,729×
- Dowthitt v. StateCourt of Criminal Appeals of Texas· 1996-06-26· cited 1,429×
- Beverly A. Seymour v. Diane Walker,respondent-AppelleeSixth Circuit· 2000-08-16· cited 702×
- Garcia v. StateCourt of Criminal Appeals of Texas· 1996-03-27· cited 418×
- Rocha v. StateCourt of Criminal Appeals of Texas· 2000-04-12· cited 402×
- Russel William Burket v. Ronald Angelone, Director, Virginia Department of CorrectionsFourth Circuit· 2000-03-27· cited 320×
- United States v. Paul C. Porter, United States v. Walter G. Baker, United States v. Frederick L. Hearn, United States v. Larry ReservitzFirst Circuit· 1985-05-14· cited 170×
- Watson v. StateCourt of Criminal Appeals of Texas· 1988-12-14· cited 159×
- Barefield v. StateCourt of Criminal Appeals of Texas· 1989-12-06· cited 139×
- United States v. Joseph JacksonSeventh Circuit· 2002-08-07· cited 126×
- Bui v. DiPaoloFirst Circuit· 1999-03-15· cited 101×
- Max Alexander Soffar v. Janie Cockrell, Director, Texas Department of Criminal Justice, Institutional DivisionFifth Circuit· 2002-07-29· cited 88×
- Flamer v. State of DelawareThird Circuit· 1995-10-19· cited 84×
- United States v. Luis Hernando RamirezSecond Circuit· 1996-03-22· cited 76×
- Hill v. StateCourt of Criminal Appeals of Texas· 1968-06-12· cited 59×
Sourced from CourtListener / Free Law Project (CC0).
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