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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 CourtListener

Cited by

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

Cites

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

Other cases with this name

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.