Kelly 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 even absent evidence of plea negotiations occurring, it was reasonable for trial court to infer that delay was attributable to such negotiations
• concluding that because the defendant’s “assertion [of his speedy trial right] was tardy . . . was made only once, and trial occurred within a relatively short time thereafter,” this factor weighed against the defendant
• concluding factor weighed against appellant when assertion of right was tardy and trial occurred two months after
• recognizing in speedy trial case that “the trial court is permitted to disbelieve evidence so long as there is a reasonable articulable basis for doing so”
• noting that because “[a]ppellant’s assertion was tardy, it was made only 5 once, and trial occurred within a relatively short time thereafter,” this factor did not weigh in favor of the appellant
• finding delay of more than one year in asserting right to speedy trial, and fact that trial occurred only two months later, weighed against defendant

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Amador v. State
  Court of Criminal Appeals of Texas· 2007-04-25· cited 1,486×
• Montanez v. State
  Court of Criminal Appeals of Texas· 2006-04-26· cited 952×
• Cantu v. State
  Court of Criminal Appeals of Texas· 2008-05-07· cited 413×
• Amador v. State
  Court of Criminal Appeals of Texas· 2009-01-14· cited 359×
• Gonzales v. State
  Court of Criminal Appeals of Texas· 2014-06-25· cited 156×
• Jason Alexander Smith v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2014-05-29· cited 45×
• Starks v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 2008-09-25· cited 42×
• Blaylock v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2008-05-14· cited 34×
• Hill v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2007-01-11· cited 30×
• Harvey v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2005-09-07· cited 27×
• Thien Quoc Nguyen v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2016-11-09· cited 25×
• State v. Rudd
  Tex. App. Ct., 10th Dist. (Waco)· 2008-07-02· cited 24×
• State v. Fisher
  Tex. App. Ct., 6th Dist. (Texarkana)· 2006-09-20· cited 22×
• Palacios v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 2006-04-05· cited 21×
• Ortegon v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2008-10-22· cited 18×
• Dokter v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2009-02-13· cited 15×
• State v. Manley
  Tex. App. Ct., 10th Dist. (Waco)· 2007-02-07· cited 14×
• Charles Edward Barringer, Jr. v. State of Texas
  Tex. App. Ct., 11th Dist. (Eastland)· 2013-02-28· cited 13×
• Reyes v. State
  Court of Appeals of Texas· 2017-03-29· cited 8×
• Richard Scott Purgason v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2013-05-13· cited 4×

Cites

12 cases in this archive are cited by this case.

• Barker v. Wingo
  Supreme Court· 1972-06-22· cited 12,108×
• Anderson v. City of Bessemer City
  Supreme Court· 1985-03-19· cited 11,658×
• Ornelas v. United States
  Supreme Court· 1996-06-10· cited 7,197×
• Guzman v. State
  Court of Criminal Appeals of Texas· 1997-09-24· cited 6,556×
• State v. Ross
  Court of Criminal Appeals of Texas· 2000-11-29· cited 3,729×
• Zamorano v. State
  Court of Criminal Appeals of Texas· 2002-09-11· cited 502×
• State v. Munoz
  Court of Criminal Appeals of Texas· 1999-02-17· cited 471×
• Whitehead v. State
  Court of Criminal Appeals of Texas· 2004-03-31· cited 375×
• Manzi v. State
  Court of Criminal Appeals of Texas· 2002-10-23· cited 228×
• Johnson v. State
  Court of Criminal Appeals of Texas· 1997-09-26· cited 190×
• Moreno v. State
  Tex. App. Ct., 13th Dist.· 1999-06-09· cited 26×
• Kelly v. State
  Tex. App. Ct., 13th Dist.· 2003-11-25· cited 6×