Monge v. State’s Empirical Analysis

Citation profile

1 state decisions

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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The “fruit of the poisonous tree” doctrine generally precludes the use of evidence, both direct and indirect, obtained following an illegal arrest. See Wong Sun v. United States, 371 U.S. 471, 484 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963); State v. Iduarte, 268 S.W.3d 544, 550 (Tex.Crim.App.2008). Here, the State does not challenge the illegality of appellant’s warrantless arrest, which did not fit within any of the recognized exceptions to the warrant requirement. Instead, the State contends the nexus between the unlawful arrest and appellant’s confession was so attenuated as to dissipate the taint of the prior illegality. See Wong Sun, 371 U.S. at 487-88 [ 83 S.Ct. 407 ]. [holding omitted] Evidence that is sufficiently attenuated from the unlawful arrest is not considered to have been obtained therefrom. See Sims v. State, 84 S.W.3d 805, 810 (Tex.App.-Houston [1st Dist.] 2002, no pet.). The prosecution carries the burden of proving attenuation. See Brown v. Illinois, 422 U.S. 590, 604 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975); Garcia v. State, 3 S.W.3d 227, 242 (Tex.App.-Houston [14th Dist.] 1999), aff'd, 43 S.W.3d 527 (Tex.Crim.App.2001). In deciding whether appellant’s confession, which was given following an illegal arrest, was sufficiently attenuated as to permit the use of the confession at trial, we are to consider the following factors: (1) whether Miranda warnings were given; (2) the temporal proximity of the arrest and the confession; (3) the presence of intervening circ”

   1 later decision quote this exact passage
   e.g. Monge v. State