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← 55 SW3D 78 - Montemayor v. State

Montemayor v. State’s Empirical Analysis

2001

Citation profile

9
cited by 9 later decisions
1
states following
February 2013
most recently cited

9 state decisions

Appellate journey

reviewedthe decision below (from Texas 185th Judicial District Court)

Relationships

Relies on Jackson v. Virginia · Miranda v. State of Arizona Vignera · Oregon v. Elstad · Michigan v. Tucker · Clewis v. State

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 9 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” ... does not apply to mere violations of the prophylactic requirements in Miranda: while the statement taken in violation of Miranda must be suppressed, other evidence subsequently obtained as a result of that statement (i.e. the “fruits” of the statement) need not be suppressed. Michigan v. Tucker, 417 U.S. 483 , 452, 94 S.Ct. 2857 , 41 L.Ed.2d 182 ... (1974); Oregon v. Elstad, 470 U.S. 298, 314, 105 S.Ct. 1285 , 84 L.Ed.2d 222 ... (1985). The rule ... requires suppressing the fruits of a defendant’s statement only when the statement was obtained through actual coercion. Tucker, 417 U.S. at 448-449 , 94 S.Ct. at 2365-67 ; Elstad, 470 U.S. at 314 , 105 S.Ct. at 1296 .”
    1 later decision quote this exact passage

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.