Kirsch v. State

How courts have described this case

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

• holding that “the presence of vodka bottle caps (but no bottles) in the patrol car” was some supporting evidence of intoxication
• concluding that “appellant’s driving almost 20 m.p.h. over the speed limit prior to the accident” was some supporting evidence indicating intoxication
• recognizing that evidence raising an inference of intoxication includes erratic driving as well as post-driving behavior such as stumbling, swaying, slurring or mumbling words, and bloodshot eyes
• recognizing that slurring words, bloodshot eyes, and admissions by the defendant concerning how much he drank would logically raise an inference that the defendant was intoxicated at the time of driving
• recognizing evidence raising inference of intoxication includes erratic driving, post-driving behavior such as stumbling, swaying, slurring or mumbling words, and bloodshot eyes
• stating that blood-alcohol content test results are “highly probative” of both impairment and per se intoxication

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Kuciemba v. State
  Court of Criminal Appeals of Texas· 2010-05-26· cited 289×
• State v. David Villarreal
  Tex. App. Ct., 13th Dist.· 2014-01-23· cited 60×
• Esaw Lampkin v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2015-08-11· cited 60×
• Donna Jean Dill A/K/A Donna Zill v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2011-10-06· cited 49×
• Somers v. State
  Court of Criminal Appeals of Texas· 2012-06-06· cited 45×
• Chaney v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2010-05-27· cited 42×
• State v. Mosely
  Tex. App. Ct., 3rd Dist. (Austin)· 2011-08-30· cited 39×
• Cornelius Jackson v. State
  Court of Appeals of Texas· 2015-05-28· cited 24×
• Burnett v. State
  Court of Criminal Appeals of Texas· 2017-09-20· cited 22×
• Mark Randall Brister v. State
  Tex. App. Ct., 9th Dist. (Beaumont)· 2013-10-16· cited 19×
• Crouse, Lawrence Frank v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 2014-03-27· cited 19×
• Perez v. State
  Court of Appeals of Texas· 2016-05-05· cited 19×
• Jeannie Coutta v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 2012-10-17· cited 18×
• Michael Lee Thom v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2014-06-19· cited 12×
• Williams v. State
  Court of Appeals of Texas· 2010-03-04· cited 9×
• Somers v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2010-12-21· cited 8×
• Williams v. State
  Court of Appeals of Texas· 2017-04-13· cited 7×
• Bagheri v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2010-11-10· cited 6×
• Bradley Kelton Crenshaw v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2014-02-27· cited 6×
• Mason v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2011-05-11· cited 5×

Cites

13 cases in this archive are cited by this case.

• Gigliobianco v. State
  Court of Criminal Appeals of Texas· 2006-12-20· cited 1,113×
• Colburn v. State
  Court of Criminal Appeals of Texas· 1998-02-25· cited 754×
• State v. Mechler
  Court of Criminal Appeals of Texas· 2005-01-12· cited 667×
• Brown v. State
  Court of Criminal Appeals of Texas· 2003-12-03· cited 467×
• Warner v. State
  Court of Criminal Appeals of Texas· 2008-02-13· cited 417×
• Bagheri v. State
  Court of Criminal Appeals of Texas· 2003-11-05· cited 324×
• Mata v. State
  Court of Criminal Appeals of Texas· 2001-06-06· cited 258×
• Stewart v. State
  Court of Criminal Appeals of Texas· 2004-03-03· cited 206×
• Forte v. State
  Court of Criminal Appeals of Texas· 1986-04-09· cited 161×
• Sierra, Antonio
  Court of Criminal Appeals of Texas· 2009-04-01· cited 156×
• Stewart v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2003-07-02· cited 33×
• Kirsch v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2008-12-04· cited 24×
• State v. Mechler
  Tex. App. Ct., 14th Dist. (Houston)· 2003-11-25· cited 20×

Other cases named Kirsch v. State

5 other CourtListener records share this case name.

• Kirsch v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2008-12-04· cited 24×
• Kirsch v. State
  Court of Special Appeals of Maryland· 1970-12-28· cited 12×
• Kirsch v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2012-05-08· cited 6×
• Kirsch v. State
  District Court of Appeal of Florida· 1976-08-17· cited 1×
• Kirsch v. State
  Appellate Division of the Supreme Court of New York· 1973-01-18