Case Citator › Ferguson v. State

Ferguson v. State

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Texas Court of Criminal Appeals
Citation
571 S.W.2d 908
Decided
Confirmed treatments
1
Flagged citations read
33 of 33
Citing cases (total)
33
Treatment dates
1985
Overruled in part
A reviewed court has overruled part of this case’s holding. Ferguson v. State was overruled in part. All 33 flagged citations have been read.
More on how this was screened

The Texas Court of Criminal Appeals rejected Ferguson's rule that a judicial confession bars review of a preserved pretrial ruling after a bargained guilty plea. Later decisions continued to recognize its separate rule about evidence obtained through a challenged search that was never used to support the conviction. The confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

33 later cases cite Ferguson v. State; 33 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Ferguson v. State?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • A judicial confession supporting a bargained guilty plea no longer prevents appellate review of a preserved pretrial ruling; Ferguson was overruled to that extent.

    Morgan v. State · Texas Court of Criminal Appeals · filed

    Just as the plea itself no longer waives the right to complain of pretrial rulings on appeal, so the confession or admission will not bar an appellate court from reaching the merits of the complaint. To this extent, then, Ferguson and its progeny including Haney are overruled.
    Read the full opinion on CourtListener →

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