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← 175 SW3D 767 - Pham v. State

Pham v. State’s Empirical Analysis

2005

Citation profile

17
cited by 17 later decisions
1
states following
December 2018
most recently cited

17 state decisions

Relationships

Relies on Brown v. Illinois · Dunaway v. New York · Nardone v. United States · O'Connell v. Manning · United States v. Terzado-Madruga

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Thus, the court of appeals correctly held that the burden is on the defendant, as the moving party in a motion to suppress evidence obtained in violation of the law under Art. 38.23, to produce evidence demonstrating the causal connection which this court required in [Gonzales v. State] (Gonzales II) [ 67 S.W.3d 910 (Tex.Crim.App.2002)]. The burden then shifts to the State to either disprove the evidence the defendant has produced, or bring an attenuation-of-taint argument to demonstrate that the causal chain asserted by the defendant was in fact broken.”
    1 later decision quote this exact passage · from the majority
  2. “Article 38.23(a) provides that “[n]o evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas ... shall be admitted in evidence.” Our decisions have established that evidence is not “obtained ... in violation” of a provision of law if there is no causal connection between the illegal conduct and the acquisition of the evidence.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.