Smith 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, if peace officer’s attempt to detain or arrest suspect is unlawful, there can be no offense of evading arrest
• requiring proof of existence of circumstances that made procuring warrant impracticable
• insufficient evidence because the officer testified that he was not attempting to arrest the defendant and the officer only chased the defendant to investigate whether the defendant was unlawfully possessing a gun
• must show existence of circumstances that made procuring warrant impracticable

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Neal v. State
  Court of Criminal Appeals of Texas· 2008-06-18· cited 903×
• State v. Ballard
  Court of Criminal Appeals of Texas· 1999-02-24· cited 884×
• Banda v. State
  Court of Criminal Appeals of Texas· 1994-12-14· cited 397×
• Ex Parte Taylor
  Court of Criminal Appeals of Texas· 2001-02-28· cited 211×
• Johnson v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1993-09-30· cited 73×
• Rodriguez v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 1998-07-10· cited 61×
• In re D.W.L.
  Court of Appeals of Texas· 1992-04-02· cited 49×
• Wiede v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2005-01-21· cited 40×
• Flores v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 1995-02-08· cited 35×
• Rogers v. State
  Court of Appeals of Texas· 1992-06-24· cited 26×
• State v. Long
  Missouri Court of Appeals· 1991-01-29· cited 24×
• Commonwealth v. Pagan
  Massachusetts Appeals Court· 2005-06-29· cited 22×
• Hill v. State
  Tex. App. Ct., 14th Dist. (Houston)· 1997-08-28· cited 20×
• United States v. Harris
  United States Court of Military Appeals· 1989-09-27· cited 19×
• United States v. Thomas
  E.D. Texas· 1992-03-12· cited 18×
• Commonwealth v. Smith
  Massachusetts Appeals Court· 2002-08-09· cited 16×
• Kacz v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2009-06-23· cited 15×
• Morgan v. State
  Tex. App. Ct., 10th Dist. (Waco)· 1991-07-25· cited 14×
• State v. Brannon
  Court of Appeals of South Carolina· 2008-07-18· cited 11×
• Stanley Lucius Atnipp v. State
  Tex. App. Ct., 11th Dist. (Eastland)· 2017-04-20· cited 7×