Legal Opinion
Herrera v. State
Court of Criminal Appeals of Texas
Decided November 21, 2007No. PD-1986-05PublishedCited by 412 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · KeaslerKeasler, J.
in which KELLER, P.J., and MEYERS, WOMACK, HERVEY, and COCHRAN, JJ., joined.
The court of appeals upheld the trial judge’s determination that Gerald Herrera was not “in custody” for purposes of Miranda v. Arizona1 when he was interviewed by Investigator Powell about a fight while he was in held in the county jail on an unrelated offense.2 We agree and affirm.
I. Factual and Procedural Background
In July 2001, Gerald Herrera and some members of his family were involved in an interracial fight with a group of African-Americans outside of the Mia Mar Bar in Lockhart, Texas. During the fight,…
3Cases cited40 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Guzman v. StateCourt of Criminal Appeals of Texas · 1997
- State v. RossCourt of Criminal Appeals of Texas · 2000
- Harris v. New YorkSupreme Court of the United States · 1971
- Oregon v. MathiasonSupreme Court of the United States · 1977
35 more not listed; retrieve them via the Exa API.
4Cited by412 opinions
- State of Texas v. Saenz, ClintCourt of Criminal Appeals of Texas · 2013
- Alford, Cecil EdwardCourt of Criminal Appeals of Texas · 2012
- Tapia, Gilbert Jr.Court of Criminal Appeals of Texas · 2015
- Ervin v. State, Texas Court of Appeals, 1st District (Houston)2010
- Jose Marvin Martinez v. State, Texas Court of Appeals, 1st District (Houston)2011
407 more not listed; retrieve them via the Exa API.