Legal Opinion

Cervantes-Guervara v. State

Court of Appeals of Texas

Decided October 3, 2017No. 14-16-00104-CRPublishedCited by 13 opinions

1Opinion of the Court

*830OPINION

Martha Hill Jamison, Justice

In three issues, appellant Jose Jaime Cervantes-Guervara appeals his conviction for capital murder, alleging he received ineffective assistance of counsel based on his counsel’s failure to object to the trial court’s admission of cell phone records obtained without a warrant and alleging the trial court erred in failing to suppress appellant’s confession because the State did not show that appellant “voluntarily, knowingly, and intelligently” waived his Miranda rights.1 Because the State was not required to obtain a warrant for the cell phone records at…

2Cases cited28 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Miranda v. ArizonaSupreme Court of the United States · 1966
  3. Edwards v. ArizonaSupreme Court of the United States · 1981
  4. Thompson v. StateCourt of Criminal Appeals of Texas · 1999
  5. Ker v. CaliforniaSupreme Court of the United States · 1963

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3Cited by13 opinions

  1. Ruben Lee Allen v. State, Texas Court of Appeals, 1st District (Houston)2018
  2. Robinson v. Home Owners Mgmt. Enters., Inc.Court of Appeals of Texas · 2018
  3. Arturo Lagunas v. the State of Texas, Texas Court of Appeals, 12th District (Tyler)2023
  4. Christopher James Holder v. State, Texas Court of Appeals, 5th District (Dallas)2020
  5. Daniel Travis Durham v. State, Texas Court of Appeals, 14th District (Houston)2021

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