Legal Opinion

The State of Texas v. Brandon James Cielencki

Texas Court of Appeals, 3rd District (Austin)

Decided January 9, 2025No. 03-22-00742-CRPublished

1Opinion of the Court

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-22-00742-CR The State of Texas, Appellant v. Brandon James Cielencki, Appellee FROM THE 433RD DISTRICT COURT OF COMAL COUNTY NO. CR2017-097, THE HONORABLE DIB WALDRIP, JUDGE PRESIDING CONCURRING OPINION I join the majority and write separately to acknowledge an elephant in the room— the difficulty of discerning, and applying, the correct standard of review to a trial court’s voluntariness decision when that decision is made from virtually uncontested facts apparent on a videotape of an interrogation. “Constitutional and statutory…

2Cases cited12 opinions

  1. Scott v. HarrisSupreme Court of the United States · 2007
  2. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  3. Colorado v. ConnellySupreme Court of the United States · 1986
  4. Miller v. FentonSupreme Court of the United States · 1985
  5. Culombe v. ConnecticutSupreme Court of the United States · 1961

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API