Spencer 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 initial police-victim interaction at crime scene was non-testimonial
• holding that initial police-victim interaction at crime scene was non-testimonial
• stating that complainant’s responses to police questions were not testimonial because they occurred after the police arrived at the scene and while the police were assessing and securing the scene
• collecting cases from Texas and other jurisdictions holding, generally, that preliminary questions by police at the scene of a crime while police are assessing and securing the scene are not testimonial
• rejecting “bright-line rule that excited utterances can never be testimonial,” but recognizing nature of spontaneous utterance as factor to be considered in assessing whether statement “testimonial”
• stating responses to preliminary questions by the police at the scene of the crime while assessing and securing the scene are not testimonial

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Wall v. State
  Court of Criminal Appeals of Texas· 2006-01-18· cited 566×
• Commonwealth v. Gonsalves
  Massachusetts Supreme Judicial Court· 2005-08-29· cited 89×
• Ruth v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2005-06-21· cited 84×
• Martinez v. State
  Court of Appeals of Texas· 2007-08-31· cited 84×
• Davis v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2005-05-19· cited 71×
• Marc v. State
  Court of Appeals of Texas· 2005-06-02· cited 53×
• Hudson v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2005-11-15· cited 50×
• State v. Romero
  New Mexico Court of Appeals· 2006-02-06· cited 50×
• Cook v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2006-07-20· cited 46×
• State v. Wright
  Supreme Court of Minnesota· 2005-08-11· cited 44×
• Campos v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2008-05-27· cited 42×
• Gonzalez v. State
  Court of Appeals of Texas· 2017-11-21· cited 41×
• Kearney v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2005-11-02· cited 40×
• Lagunas v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2006-05-03· cited 40×
• Moore v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2005-07-26· cited 36×
• Freeman v. State
  Tex. App. Ct., 11th Dist. (Eastland)· 2007-05-24· cited 35×
• Wilson v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2009-07-30· cited 23×
• Vinson v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2007-03-21· cited 22×
• Dixon v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2011-12-14· cited 22×
• Tyler v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2005-06-21· cited 20×

Cites

20 cases in this archive are cited by this case.

• Crawford v. Washington
  Supreme Court· 2004-03-08· cited 14,756×
• Ohio v. Roberts
  Supreme Court· 1980-06-25· cited 5,425×
• Zuliani v. State
  Court of Criminal Appeals of Texas· 2003-02-05· cited 1,844×
• Woods v. State
  Court of Criminal Appeals of Texas· 2004-12-15· cited 441×
• Commonwealth v. Gray
  Superior Court of Pennsylvania· 2005-01-20· cited 142×
• People v. Corella
  California Court of Appeal· 2004-09-16· cited 95×
• People v. Moscat
  Criminal Court of the City of New York· 2004-03-25· cited 83×
• Lopez v. State
  District Court of Appeal of Florida· 2004-11-17· cited 74×
• Wilson v. State
  Court of Appeals of Texas· 2004-11-04· cited 66×
• Hammon v. State
  Indiana Court of Appeals· 2004-06-14· cited 57×
• Gutierrez v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2004-11-09· cited 46×
• Fowler v. State
  Indiana Court of Appeals· 2004-06-14· cited 43×
• Gonzalez v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2004-12-15· cited 43×
• Key v. State
  Tex. App. Ct., 12th Dist. (Tyler)· 2005-06-29· cited 32×
• Cassidy v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2004-10-13· cited 28×
• Wall v. State
  Tex. App. Ct., 13th Dist.· 2004-10-07· cited 25×
• Stancil v. United States
  District of Columbia Court of Appeals· 2005-01-27· cited 25×
• Jahanian v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2004-08-24· cited 12×
• Rogers v. State
  Indiana Court of Appeals· 2004-09-10· cited 9×
• Cross v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division
  Supreme Court· 2005-03-21· cited 7×