Legal Opinion

Deener v. State

Texas Court of Appeals, 5th District (Dallas)

Decided February 14, 2007No. 05-05-00703-CRPublishedCited by 80 opinions

1Opinion of the Court

OPINION

Opinion by

Justice MOSELEY.

The Texas Code of Criminal Procedure generally provides that certificates of analysis of physical evidence and chain of custody affidavits are admissible without the declarant appearing in court if the documents are filed and served on the opponent more than twenty days before trial begins and the opponent does not file a written objection by the tenth day before trial begins. Tex.Code CRiM. Proc. Ann. arts. 38.41 (certificate of analysis of physical evidence); 38.42 (chain of custody affidavit) (Vernon 2005). The relevant statutes were enacted shortly before…

2Cases cited25 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  3. Pointer v. TexasSupreme Court of the United States · 1965
  4. Marin v. StateCourt of Criminal Appeals of Texas · 1993
  5. Mendez v. StateCourt of Criminal Appeals of Texas · 2004

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3Cited by80 opinions

  1. Kirsch, Scott AlanCourt of Criminal Appeals of Texas · 2012
  2. Hinojos-Mendoza v. PeopleSupreme Court of Colorado · 2007
  3. Acevedo v. State, Texas Court of Appeals, 4th District (San Antonio)2008
  4. Magruder v. Com.Supreme Court of Virginia · 2008
  5. Smith v. State, Texas Court of Appeals, 6th District (Texarkana)2007

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

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