Dominguez v. State’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This Court, in an opinion affirmed by the Texas Court of Criminal Appeals, has previously addressed the immigration admonishment issue. Morales v. State, 838 S.W.2d 272 (Tex.App.—El Paso 1992), aff'd, 872 S.W.2d 753 (Tex.Crim.App.1994). In Morales, appellant successfully argued that the trial court committed reversible error by failing to deliver immigration admonishments before accepting her guilty plea. The State asserted that in the absence of evidence indicating that appellant was not a United States’ citizen, failure to admonish appellant on immigration consequences is harmless error. This Court rejected the State’s contention and held that when “there is nothing in the record to show whether appellant is or is not a United States’ citizen.... there is nothing to rebut the presumption of materiality of Article 26.13(a)(4).” Id. at 276; see also Elliott v. State, 874 S.W.2d 238 , 241 n. 2 (Tex.App.—El Paso 1994, no pet). ... Here, appellant is a United States’ citizen. The consequences associated with a guilty plea by a noncitizen, (deportation, exclusion from admission to the United States, or the denial of naturalization) are thus irrelevant to the voluntary and knowing nature of Dominguez’s plea. See Tex. Code CRImPROcAnn. art. 26.13(a)(4). We hold that under these facts, where the trial court fails to admonish a U.S. citizen appellant only as to the immigration consequences of his guilty plea, but gives the other required warnings, there was substantial compliance wit”

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