Carter v. State (2010)
In Carter v. State, 309 S.W.3d 31, 33-35 (Tex. Crim. App. 2010), the arresting officer conversed with the defendant briefly, at which time the defendant made an incriminating statement.
The officer immediately realized he had not read the suspect his Miranda rights and stopped the interview in order to warn him. Id. at 33.
The trial court in that case found that "the failure of Trooper Henderson to warn Carter before those two questions were asked was simply an oversight" and the court of criminal appeals affirmed the ruling, stating the facts "do not necessarily exemplify the deliberate 'question-first, warn later' gamesmanship so obvious in Missouri v. Seibert ". Id. at 34-35, 41.