overarching inquiry (Texas) · Go Syfert
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overarching inquiry in Texas

39 Texas opinions name it 2 courts 1996–2026 13 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (23)

CaseFollowedCited
Vela, Kennethgreen
texcrimapp · 2015 · cited in 7 Texas opinions naming this issue, 2019–2025
2 sentences

2025“The overarching rule of statutory construction is that we construe a statute in accordance with the plain meaning of its text unless the text is ambiguous or the plain meaning leads to absurd results that the legislature could not possibly have intended.” Ex parte Vela, 460 S.W.3d 610, 612 (Tex. Crim.

2025“The overarching rule of statutory construction is that we construe a statute in accordance with the plain meaning of its text unless the text is ambiguous or the plain meaning leads to absurd results that the legislature could not possibly have intended.” Ex parte Vela, 460 S.W.3d 610, 612 (Tex. Crim.

67
Zeifman v. Michelsgreen
texapp · 2006 · cited in 6 Texas opinions naming this issue, 2007–2021
2 sentences

2021Zeifman v. Michels, 212 S.W.3d 582, 588 (Tex. App.—Austin 2006, pet. denied).

2013Zeifman v. Michels, 212 S.W.3d 582, 588 (Tex. App.—Austin 2006, pet. denied).

66
Montanez v. Stategreen
texcrimapp · 2006 · cited in 2 Texas opinions naming this issue, 2013–2015
2 sentences

2015Tucker v. State, 369 S.W.3d 179, 184 (Tex.Crim.App.2012); Montanez v. State, 195 S.W.3d 101, 108 (Tex.Crim.App.2006).

2013Tucker v. State, 369 S.W.3d 179, 184 (Tex.Crim.App.2012); Montanez v. State, 195 S.W.3d 101, 108 (Tex.Crim.App.2006).

22
Tucker, Thomas Paulgreen
texcrimapp · 2012 · cited in 2 Texas opinions naming this issue, 2013–2015
2 sentences

2015Tucker v. State, 369 S.W.3d 179, 184 (Tex.Crim.App.2012); Montanez v. State, 195 S.W.3d 101, 108 (Tex.Crim.App.2006).

2013Tucker v. State, 369 S.W.3d 179, 184 (Tex.Crim.App.2012); Montanez v. State, 195 S.W.3d 101, 108 (Tex.Crim.App.2006).

22
Stockton Ex Rel. Stockton v. Offenbachgreen
tex · 2011 · cited in 2 Texas opinions naming this issue, 2014–2014
2 sentences

2014Within this overarching inquiry, we review de novo any legal determinations by the district court (e.g., construction of the MLA), see Stockton v. Offenbach, 336 S.W.3d 610, 615 (Tex.2011), but defer to any factual determinations to the extent they are supported by evidence.

2014The MLA also prescribes the qualifications of the “expert” who may prepare an “expert report,” see id. § 74.351(r)(5), but Wall has not disputed that Bates met those standards here. 8 Id. § 74.351(l). 4 merit.9 The only information relevant to determining whether an expert report complies with these requirements is that contained within “the four corners” of the report itself.10 We review the trial court’s determination regarding the adequacy of an expert report for an abuse of discretion.11 Generally stated, a trial court “abuses its discretion” when it acts in an arbitrary or unreasonable ma

22
Walling v. Metcalfegreen
tex · 1993 · cited in 2 Texas opinions naming this issue, 2008–2008
2 sentences

2008See Walling v. Metcalfe , 863 S.W.2d 56, 58 (Tex. 1993) (“We have held repeatedly that the courts of appeals may not reverse the judgment of a trial court for a reason not raised in a point of error.”). 1.

2008See Walling v. Metcalfe, 863 S.W.2d 56, 58 (Tex.1993) (“We have held repeatedly that the courts of appeals may not reverse the judgment of a trial court for a reason not raised in a point of error.”). 1.

22
Spoljaric v. Percival Tours, Inc.green
tex · 1986 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021As for intent to cause injury, the third element, we start with the overarching principle that “[i]ntent is a fact question uniquely within the realm of the trier of fact because it so depends upon the credibility of the witnesses and the weight to be given to their testimony” and “invariably must be proven by circumstantial evidence.” Spoljaric v. Percival Tours, Inc., 708 S.W.2d 432, 434, 435 (Tex. 1986).

11
ExxonMobil Pipeline Co. v. Colemangreen
tex · 2017 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019The overarching principle of interpretation with the TCPA (or any statute) commands that we go no further to understand the Act than the plain meaning of the words it uses: “Our objective in construing a statute is to give effect to the [l]egislature’s intent, which requires us to first look to the statute’s plain language.” If the statute’s language is unambiguous, “we interpret the statute according to its plain meaning.” Additionally, “[w]e presume [that] the [l]egislature included each word in the statute for a purpose and that words not included were purposefully omitted.” 13 ExxonMobil I

11
Ex Parte Weisegreen
texcrimapp · 2001 · cited in 1 Texas opinions naming this issue, 2017–2017
2 sentences

2017The overarching principle when determining whether a claim is cognizable on pretrial habeas is that pretrial habeas relief is available in situations in which “the protection of the applicant’s substantive rights or the conservation of judicial resources would be better served by interlocutory review.” See Weise, 55 S.W.3d at 619.

2017Thus, pretrial habeas relief may be proper if “the alleged defect would bring into question the trial court’s power to proceed.” Id.

11
State of Texas v. United States of America, and Interstate Commerce Commissiongreen
ca5 · 1988 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016REv. 137 (1998) (describing generally the Younger doctrine and its purpose). 82 In considering an injunction against state court litigation, the Fifth Circuit stated, "Nevertheless, we are guided by the overarching principle that federal courts are to be cautious about infringing on the legitimate exercise of state judicial power." State of Texas v. United States, 837 F.2d 184, 186 (5th Cir. 1988) (citing Younger, 401 U.S. 37, 44-45 (1971)). 82428 U.S.C. § 2283 (1994).

11
Younger v. Harrisgreen
scotus · 1971 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016REv. 137 (1998) (describing generally the Younger doctrine and its purpose). 82 In considering an injunction against state court litigation, the Fifth Circuit stated, "Nevertheless, we are guided by the overarching principle that federal courts are to be cautious about infringing on the legitimate exercise of state judicial power." State of Texas v. United States, 837 F.2d 184, 186 (5th Cir. 1988) (citing Younger, 401 U.S. 37, 44-45 (1971)). 82428 U.S.C. § 2283 (1994).

11
Ex Parte Thomas Taylorgreen
tex · 1920 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016See id.

11
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Strickland, 466 U.S. at 694-96 , 104 S. Ct. 20S2 (repeatedly stating prejudice inquiry in aggregate terms of reasonable probability counsel's errors affected outcome of proceeding; see Fisher 282 F.3d at 1307-1311 (assessing prejudice from counsel's numerous shortcomings and omissions," and holding "these errors" had a "devastating impact on the defense."); Turner v. Duncan; 1S8 F.3d 449, .4S7 (9th Cir. 1998) ("it is appropriate to consider the cumulative impact of counsel's errors in assessing prejudice). -~1em5IttHtittnl- 62 }1 The overarching test for effective assistance of counsel is

2015Strickland 466 U.S. at 686 ("The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.").

11
National Industrial Sand Ass'n v. Gibsongreen
tex · 1995 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Sand Ass'n v. Gibson, 897 S.W.2d 769, 772 (Tex. 1995).

11
American Transitional Care Centers of Texas, Inc. v. Palaciosgreen
tex · 2001 · cited in 1 Texas opinions naming this issue, 2014–2014
2 sentences

2014The MLA also prescribes the qualifications of the “expert” who may prepare an “expert report,” see id. § 74.351(r)(5), but Wall has not disputed that Bates met those standards here. 8 Id. § 74.351(l). 4 merit.9 The only information relevant to determining whether an expert report complies with these requirements is that contained within “the four corners” of the report itself.10 We review the trial court’s determination regarding the adequacy of an expert report for an abuse of discretion.11 Generally stated, a trial court “abuses its discretion” when it acts in an arbitrary or unreasonable ma

2014The MLA also prescribes the qualifications of the “expert” who may prepare an “expert report,” see id. § 74.351(r)(5), but Wall has not disputed that Bates met those standards here. 8 Id. § 74.351(l). 4 merit.9 The only information relevant to determining whether an expert report complies with these requirements is that contained within “the four corners” of the report itself.10 We review the trial court’s determination regarding the adequacy of an expert report for an abuse of discretion.11 Generally stated, a trial court “abuses its discretion” when it acts in an arbitrary or unreasonable ma

11
Richard Hebert and Janet Hebert v. Timothy E. Hopkins, M.D., and Shannon Clinicgreen
texapp · 2013 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014The MLA also prescribes the qualifications of the “expert” who may prepare an “expert report,” see id. § 74.351(r)(5), but Wall has not disputed that Bates met those standards here. 8 Id. § 74.351(l). 4 merit.9 The only information relevant to determining whether an expert report complies with these requirements is that contained within “the four corners” of the report itself.10 We review the trial court’s determination regarding the adequacy of an expert report for an abuse of discretion.11 Generally stated, a trial court “abuses its discretion” when it acts in an arbitrary or unreasonable ma

11
Bowie Memorial Hospital v. Wrightgreen
tex · 2002 · cited in 1 Texas opinions naming this issue, 2014–2014
2 sentences

2014The MLA also prescribes the qualifications of the “expert” who may prepare an “expert report,” see id. § 74.351(r)(5), but Wall has not disputed that Bates met those standards here. 8 Id. § 74.351(l). 4 merit.9 The only information relevant to determining whether an expert report complies with these requirements is that contained within “the four corners” of the report itself.10 We review the trial court’s determination regarding the adequacy of an expert report for an abuse of discretion.11 Generally stated, a trial court “abuses its discretion” when it acts in an arbitrary or unreasonable ma

2014The MLA also prescribes the qualifications of the “expert” who may prepare an “expert report,” see id. § 74.351(r)(5), but Wall has not disputed that Bates met those standards here. 8 Id. § 74.351(l). 4 merit.9 The only information relevant to determining whether an expert report complies with these requirements is that contained within “the four corners” of the report itself.10 We review the trial court’s determination regarding the adequacy of an expert report for an abuse of discretion.11 Generally stated, a trial court “abuses its discretion” when it acts in an arbitrary or unreasonable ma

11
Walker v. Packergreen
tex · 1992 · cited in 1 Texas opinions naming this issue, 2014–2014
2 sentences

2014The MLA also prescribes the qualifications of the “expert” who may prepare an “expert report,” see id. § 74.351(r)(5), but Wall has not disputed that Bates met those standards here. 8 Id. § 74.351(l). 4 merit.9 The only information relevant to determining whether an expert report complies with these requirements is that contained within “the four corners” of the report itself.10 We review the trial court’s determination regarding the adequacy of an expert report for an abuse of discretion.11 Generally stated, a trial court “abuses its discretion” when it acts in an arbitrary or unreasonable ma

2014The MLA also prescribes the qualifications of the “expert” who may prepare an “expert report,” see id. § 74.351(r)(5), but Wall has not disputed that Bates met those standards here. 8 Id. § 74.351(l). 4 merit.9 The only information relevant to determining whether an expert report complies with these requirements is that contained within “the four corners” of the report itself.10 We review the trial court’s determination regarding the adequacy of an expert report for an abuse of discretion.11 Generally stated, a trial court “abuses its discretion” when it acts in an arbitrary or unreasonable ma

11
Griggs v. Capitol MacHine Works, Inc.green
tex · 1985 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014The MLA also prescribes the qualifications of the “expert” who may prepare an “expert report,” see id. § 74.351(r)(5), but Wall has not disputed that Bates met those standards here. 8 Id. § 74.351(l). 4 merit.9 The only information relevant to determining whether an expert report complies with these requirements is that contained within “the four corners” of the report itself.10 We review the trial court’s determination regarding the adequacy of an expert report for an abuse of discretion.11 Generally stated, a trial court “abuses its discretion” when it acts in an arbitrary or unreasonable ma

11
William Marsh Rice University v. Colemangreen
texapp · 2009 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014Although the appellate courts may not ordinarily entertain interlocutory challenges to denial of a motion for summary judgment, see William Marsh Rice Univ. v. Coleman, 291 S.W.3d 43, 45 (Tex.App.Houston [14th Dist.] 2009, pet. dism’d), here, Appellant argues that the trial court incorrectly denied the motion for summary judgment because by virtue of the Texas Tort Claims Act’s election-of-remedies provision, he is a government employee immune from suit.

11
In Re Firstmerit Bank, N.A.green
tex · 2001 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See In re FirstMerit Bank, N.A., 52 S.W.3d at 756 (noting that party opposing arbitration bears the burden of proving a defense against arbitration).

11
State v. Phyllis Jean Whittingtongreen
texapp · 2013 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013State v. Whittington, 401 S.W.3d 263, 272 (Tex. App.—San Antonio 2013, no pet.).

11
General Motors Corp. v. Braygreen
texapp · 2008 · cited in 1 Texas opinions naming this issue, 2008–2008
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Bennett v. State of Texas green
texcrimapp · 1986
2 sentences

2024However, the jury ultimately was required to determine “whether appellant, viewed strictly from his standpoint, reasonably believed that [the deceased] was acting lawfully,” thus keeping the jury focused on the overarching inquiry central to appellant’s self-defense claim.1 Id.

2024However, the jury ultimately was required to determine “whether appellant, viewed strictly from his standpoint, reasonably believed that [the deceased] was acting lawfully,” thus keeping the jury focused on the overarching inquiry central to appellant’s self-defense claim.2 Id.

22024–2024
Endeavor Energy Resources, L.P. and Endeavor Petroleum, L.L.C. v. Discovery Operating, Inc. and Patriot Royalty and Land, L.L.C. green
· 2018
1 sentence

2026“A special limitation in an oil-and- gas lease is a term that ‘provides that the lease will automatically terminate upon the happening of a stipulated event.’” Id. at 524 (quoting Discovery Operating Inc., 554 S.W.3d at 606 ).

12026–2026
Anadarko Petroleum Corp. v. Thompson green
tex · 2003
2 sentences

2026While we acknowledge the leases at issue in Cromwell contained ambiguities other than the mutual subordination of conflicting provisions, we nevertheless conclude that the overarching principle applied in 13 Cromwell applies equally in this case, that principle being that “we will not hold the lease’s language to impose a special limitation on the grant unless the language is so clear, precise, and unequivocal that we can reasonably give it no other meaning.” Id. at 523-24 (citing Thompson, 94 S.W.3d at 554 ).

2026“A special limitation in an oil-and- gas lease is a term that ‘provides that the lease will automatically terminate upon the happening of a stipulated event.’” Id. at 524 (quoting Discovery Operating Inc., 554 S.W.3d at 606 ).

12026–2026
University of Texas v. Poindexter green
texapp · 2009
1 sentence

2022The overarching test to determine whether the facts fall into the latter category is that “many if not most of the challenged jurisdictional facts will also determine whether the plaintiff is entitled to relief on the merits of her case.” Id. at 807 .

12022–2022
City of Laredo, Texas v. Laredo Merchants Association green
tex · 2018
1 sentence

2021The overarching principle that guides this determination is whether the intent to impose a limitation on the municipality’s powers appears with “unmistakable clarity.” Id.

12021–2021
Liverman v. State green
texcrimapp · 2015
1 sentence

2016Id.

12016–2016
Jelinek v. Casas green
tex · 2010
1 sentence

2014The MLA also prescribes the qualifications of the “expert” who may prepare an “expert report,” see id. § 74.351(r)(5), but Wall has not disputed that Bates met those standards here. 8 Id. § 74.351(l). 4 merit.9 The only information relevant to determining whether an expert report complies with these requirements is that contained within “the four corners” of the report itself.10 We review the trial court’s determination regarding the adequacy of an expert report for an abuse of discretion.11 Generally stated, a trial court “abuses its discretion” when it acts in an arbitrary or unreasonable ma

12014–2014
Stamper v. Knox green
texapp · 2008
1 sentence

2009Id.

12009–2009
State v. Morales green
tex · 1994
12006–2006
Chrysler Corp. v. Honorable Robert Blackmon green
tex · 1992
11996–1996

Statutes the citing opinions construe

TX § Tex. Fam. Code § 160.608 (4) TX § Tex. Penal Code § 1.07 (3) USC § 42u.s.c.1983 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 139 (1998–2026) TX 39 (1996–2026) NY 38 (1997–2026) MD 26 (1992–2026) NJ 25 (1983–2022) PA 20 (2003–2026) UT 19 (1951–2024) KS 19 (1998–2025) WA 17 (1997–2025) MO 17 (1985–2024) MI 16 (1997–2026) OR 15 (2003–2025) IA 13 (2003–2025) MA 13 (2001–2025) IL 12 (1993–2026) AZ 11 (2006–2015) LA 11 (1997–2024) OH 10 (1999–2026) NM 10 (2004–2025) DE 9 (2009–2022) NV 9 (2010–2022) WI 9 (2003–2022) IN 9 (2008–2019) CT 9 (1990–2019) FL 8 (1993–2019) OK 7 (1995–2016) NC 7 (2000–2020) VA 7 (2001–2021) WV 6 (1998–2022) GA 6 (2008–2017) KY 6 (2005–2025) MN 5 (1997–2017) CO 5 (2014–2025) MS 5 (2005–2018) TN 4 (2000–2019) RI 4 (2002–2022) SC 3 (2006–2022) ME 3 (1991–2023) AL 3 (2010–2017) AR 2 (2011–2019) NH 2 (2006–2020) AK 2 (2019–2025) HI 2 (2015–2015) DC 2 (2022–2022) NE 2 (2020–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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