Taylor doctrine (Texas) · Go Syfert
← Texas issues

Taylor doctrine in Texas

39 Texas opinions name it 4 courts 1976–2026 8 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 (29)

CaseFollowedCited
Wichita Falls State Hospital v. Taylorgreen
tex · 2003 · cited in 3 Texas opinions naming this issue, 2010–2025
2 sentences

2015See Taylor, 106 S.W.3d at 697, 701 . (stating that ambiguity precludes finding of unmistakable legislative intent to waive sovereign immunity and requiring that waiver be unambiguous and “beyond doubt”). ' • Because a violation of the Securities Act “sounds in tort” and the four Taylor factors do not support the conclusion that the Legislature waived immunity under the statute, we conclude that a violation of the Securities Act is a claim that “could have been brought under [the Tort.

2010We are not persuaded by Oncor’s argument that the statutes at issue “indicate no reasonable construction other than a waiver of governmental immunity.” Finally, we address Oncor’s argument that “[a] proper analysis of the Taylor factors indicates that the legislature did clearly and unambiguously waive governmental immunity in Section 181.004.” See Taylor, 106 S.W.3d at 697-98 .

23
Taylor v. Stategreen
texcrimapp · 1967 · cited in 3 Texas opinions naming this issue, 1979–1981
2 sentences

1981As we wrote in Howard v. State, 599 S.W.2d 597, 600 (Tex.Cr.App.1979): “While this Court continues to revisit the Taylor doctrine [from Taylor v. State, 421 S.W.2d 403, 407 (Tex.Cr.App.1967)] from time to time, see, e. g., Duncantell v. State, 563 S.W.2d 252, 256 (1978), it has examined each precise fact situation to determine that after the traffic stop each movement made by an officer is factually and legally justified..

1981As we wrote in Howard v. State, 599 S.W.2d 597, 600 (Tex.Cr.App.1979): “While this Court continues to revisit the Taylor doctrine [from Taylor v. State, 421 S.W.2d 403, 407 (Tex.Cr.App.1967)] from time to time, see, e. g., Duncantell v. State, 563 S.W.2d 252, 256 (1978), it has examined each precise fact situation to determine that after the traffic stop each movement made by an officer is factually and legally justified..

23
Duncantell v. Stategreen
texcrimapp · 1978 · cited in 2 Texas opinions naming this issue, 1979–1981
2 sentences

1981As we wrote in Howard v. State, 599 S.W.2d 597, 600 (Tex.Cr.App.1979): “While this Court continues to revisit the Taylor doctrine [from Taylor v. State, 421 S.W.2d 403, 407 (Tex.Cr.App.1967)] from time to time, see, e. g., Duncantell v. State, 563 S.W.2d 252, 256 (1978), it has examined each precise fact situation to determine that after the traffic stop each movement made by an officer is factually and legally justified..

1981As we wrote in Howard v. State, 599 S.W.2d 597, 600 (Tex.Cr.App.1979): “While this Court continues to revisit the Taylor doctrine [from Taylor v. State, 421 S.W.2d 403, 407 (Tex.Cr.App.1967)] from time to time, see, e. g., Duncantell v. State, 563 S.W.2d 252, 256 (1978), it has examined each precise fact situation to determine that after the traffic stop each movement made by an officer is factually and legally justified..

22
Taylor v. Stategreen
texapp · 2018 · cited in 1 Texas opinions naming this issue, 2026–2026
1 sentence

2026See Taylor v. State, 555 S.W.3d 765, 775 (Tex. App.—Amarillo 2018, pet. ref’d).

11
Richard Cruz v. Stategreen
texapp · 2018 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025See Cruz, 565 S.W.3d at 381 .

11
TV Azteca v. Ruizgreen
tex · 2016 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024TV Azteca v. Ruiz, 490 S.W.3d 29, 36 (Tex. 2016).

11
Cire v. Cummingsgreen
tex · 2004 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023See Cire v. Cummings, 134 S.W.3d 835, 838 (Tex. 2004) (trial court’s ruling on a motion for sanctions is reviewed for abuse of discretion).

11
Prible v. Stategreen
texcrimapp · 2008 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022See id. art. 64.03(a).

11
Fitness Entertainment Ltd. v. Hurstgreen
texapp · 2017 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021See, e.g., Fitness Entm’t Ltd. v. Hurst, 527 S.W.3d 699, 703-05 (Tex. App.—El Paso 2017, pet. denied); Tex. Health Res. v. Kruse, No. 05-13-01754-CV, 2014 WL 3408636 , at *6 (Tex. App.—Dallas July 11, 2014, pet. denied) (mem. op.).

11
Roberts v. Stategreen
texapp · 1996 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020Applicable Law “The due process clause of the Fourteenth Amendment prohibits the use of identification testimony from a witness who was subjected to an impermissibly suggestive pretrial identification procedure.” Roberts v. State, 923 S.W.2d 141, 144 (Tex. App.—Texarkana 1996, pet. ref’d).

11
Crain v. Stategreen
texcrimapp · 2010 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See Crain, 315 S.W.3d at 48 .

11
Ex Parte Maddinggreen
texcrimapp · 2002 · cited in 1 Texas opinions naming this issue, 2016–2016
2 sentences

2016“The rationale for this rule is that the imposition of sentence is the crucial moment when all of the parties are physically present at the sentence hearing and able to hear and respond to the imposition of sentence.” Ex parte Madding, 70 S.W.3d 131, 135 (Tex. Crim.

2016“The rationale for this rule is that the imposition of sentence is the crucial moment when all of the parties are physically present at the sentence hearing and able to hear and respond to the imposition of sentence.” Ex parte Madding, 70 S.W.3d 131, 135 (Tex. Crim.

11
Munoz v. Stategreen
texapp · 2009 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016See Munoz v. State, 288 S.W.3d 55 , 59–60 (Tex. App.—Houston [1st Dist.] 2009, no pet.) (holding that trial court did not err in allowing hearsay testimony of therapist where testimony established both prongs of Taylor test).

11
State v. Rossgreen
texcrimapp · 2000 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016See State v. Ross, 32 S.W.3d 853, 855 (Tex. Crim.

11
Hollins v. Stategreen
texcrimapp · 1991 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

2015P. 33.1(a)(1); see also Pena, 353 S.W.3d at 807 ; Hollins, 805 S.W.2d at 476 . 2 Though the trial court did not expressly overrule or sustain Taylor’s objection, Texas Rule of Appellate Procedure 33.1(a)(2)(A) provides that error is preserved if, among other things, the trial court implicitly ruled on the objection.

2015See id.

11
Wyatt v. Stategreen
texcrimapp · 2000 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Wyatt v. State, 23 S.W.3d 18, 23 (Tex.Crim.App.2000) (explaining that determination regarding whether statement is voluntary is made based on totality of circumstances).

11
Missouri v. McNeelygreen
scotus · 2013 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015In three Following the United States Supreme Court's decision in points, the State argues that the trial court abused its Missouri v. McNeely, the court of criminal appeals has held discretion by ruling that the arresting officer in this case that the provisions in the Transportation Code do not, taken violated Taylor's Fourth Amendment rights when he had by themselves, form a constitutionally valid alternative to medical personnel perform amandatory blood draw from the Fourth Amendment warrant requirement. ––– U.S. ––––, Taylor in accordance with Texas Transportation Code section 133 S.Ct. 15

11
Pena, Jose Luisgreen
texcrimapp · 2011 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015P. 33.1(a)(1); see also Pena, 353 S.W.3d at 807 ; Hollins, 805 S.W.2d at 476 . 2 Though the trial court did not expressly overrule or sustain Taylor’s objection, Texas Rule of Appellate Procedure 33.1(a)(2)(A) provides that error is preserved if, among other things, the trial court implicitly ruled on the objection.

11
Turner v. Stategreen
texcrimapp · 1991 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014See Turner v. State, 805 S.W.2d 423, 427 (Tex. Crim.

11
Walker v. Gutierrezgreen
tex · 2003 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See, e.g., Bankhead, 314 S.W.3d at 469 (holding section 74.351 was not unconstitutional as applied in dismissing health care liability claim of indigent inmate); Herrera, 212 S.W.3d at 461 (holding section 74.351 did not violate due course of law provision of Texas Constitution); Thoyakulathu v. Brennan, 192 S.W.3d 849 , 855–56 (Tex. App.—Texarkana 2006, no pet.) (holding section 9 74.351 was not unconstitutional as applied to plaintiff who failed to meet expert report deadline due to malfunctioning fax machine and stating, “[W]e conclude that [the] statute need not provide exceptions that wou

11
Herrera v. Seton Northwest Hospitalgreen
texapp · 2006 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See, e.g., Bankhead, 314 S.W.3d at 469 (holding section 74.351 was not unconstitutional as applied in dismissing health care liability claim of indigent inmate); Herrera, 212 S.W.3d at 461 (holding section 74.351 did not violate due course of law provision of Texas Constitution); Thoyakulathu v. Brennan, 192 S.W.3d 849 , 855–56 (Tex. App.—Texarkana 2006, no pet.) (holding section 9 74.351 was not unconstitutional as applied to plaintiff who failed to meet expert report deadline due to malfunctioning fax machine and stating, “[W]e conclude that [the] statute need not provide exceptions that wou

11
Bankhead v. Spencegreen
texapp · 2010 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See, e.g., Bankhead, 314 S.W.3d at 469 (holding section 74.351 was not unconstitutional as applied in dismissing health care liability claim of indigent inmate); Herrera, 212 S.W.3d at 461 (holding section 74.351 did not violate due course of law provision of Texas Constitution); Thoyakulathu v. Brennan, 192 S.W.3d 849 , 855–56 (Tex. App.—Texarkana 2006, no pet.) (holding section 9 74.351 was not unconstitutional as applied to plaintiff who failed to meet expert report deadline due to malfunctioning fax machine and stating, “[W]e conclude that [the] statute need not provide exceptions that wou

11
City of Keller v. Wilsongreen
tex · 2005 · cited in 1 Texas opinions naming this issue, 2010–2010
11
Taylor v. Stategreen
texapp · 2005 · cited in 1 Texas opinions naming this issue, 2007–2007
11
Taylor v. Stategreen
texcrimapp · 1996 · cited in 1 Texas opinions naming this issue, 2006–2006
11
Choyce v. Dallas County Child Welfare Unit of the Texas Department of Human Resourcesgreen
texapp · 1982 · cited in 1 Texas opinions naming this issue, 2005–2005
11
City of Mexia v. Tookegreen
texapp · 2003 · cited in 1 Texas opinions naming this issue, 2004–2004
11
Howard v. Stategreen
texcrimapp · 1979 · cited in 1 Texas opinions naming this issue, 1981–1981
11
Delaware v. Prousegreen
scotus · 1979 · cited in 1 Texas opinions naming this issue, 1979–1979
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 (15)

CaseCitedYears
Taylor v. Hayes green
scotus · 1974
2 sentences

2003In doing so, the Supreme Court reaffirmed “The thrust of our decisions” on the issue: “[I]n the absence of legislative authorization of serious penalties for contempt, a State may choose to try any contempt without a jury if it determines not to impose a sentence longer than six months.” 418 U.S. at 496 , 94 S.Ct. at 2702 , 41 L.Ed.2d at 906 .

2003In doing so, the Supreme Court reaffirmed “The thrust of our decisions” on the issue: “[I]n the absence of legislative authorization of serious penalties for contempt, a State may choose to try any contempt without a jury if it determines not to impose a sentence longer than six months.” 418 U.S. at 496 , 94 S.Ct. at 2702 , 41 L.Ed.2d at 906 .

42003–2003
Taylor v. State green
texapp · 1989
2 sentences

2011The court of appeals concluded that Taylor’s objection to the State’s question should have been sustained because “[although the witness in the instant case did not testify as to [Taylor’s] guilt, he did testify as to his opinion of [Taylor’s] culpable mental state, which is an ultimate fact question for the jury’s determination.” 3 Id.

2011The court of appeals concluded that Taylor's objection to the State's question should have been sustained because "[a]lthough the witness in the instant case did not testify as to [Taylor's] guilt, he did testify as to his opinion of [Taylor's] culpable mental state, which is an ultimate fact question for the jury's determination." [3] Id.

22011–2011
City of Carrollton v. McMahon Contracting, L.P. green
texapp · 2004
2 sentences

2005Based on this review, we again concluded that section 51.075 does not effect a waiver of the City’s immunity “by clear and unambiguous language.” See McMahon, 134 S.W.3d at 928 .

2005Based on this review, we again concluded that section 51.075 does not effect a waiver of the City's immunity "by *923 clear and unambiguous language." See McMahon, 134 S.W.3d at 928 .

22005–2005
George v. City of Fort Worth green
texapp · 1968
1 sentence

2024Cf. George v. City of Fort Worth, 434 S.W.2d 903 , 905–07 (Tex. App.—Fort Worth 1968, writ ref’d n.r.e.) (rejecting plaintiff’s argument that bottom step of unlit stairwell blended with walkway to create optical illusion, affirming summary judgment for defendants due to lack of evidence of negligence, and noting further that hazard was open and obvious). 6 tripped on a “[c]loudy, . . . [d]ry” day at approximately 2:00 p.m., and Taylor confirmed that it had not been dark outside when she tripped.

12024–2024
In Re Weekley Homes, L.P. green
tex · 2005
1 sentence

2021Direct benefits estoppel turns on the substance of the asserted claims (In re Weekley Homes, L.P., 180 S.W.3d at 131-32 ).

12021–2021
First Bank v. Brumitt green
tex · 2017
1 sentence

2021The third-party-beneficiary theory looks “solely to the contract’s language” (Brumitt, 519 S.W.3d at 102 ); here, the Purchase Agreement was offered into evidence with Taylor’s motion to compel.

12021–2021
Thoyakulathu v. Brennan green
texapp · 2006
1 sentence

2013See, e.g., Bankhead, 314 S.W.3d at 469 (holding section 74.351 was not unconstitutional as applied in dismissing health care liability claim of indigent inmate); Herrera, 212 S.W.3d at 461 (holding section 74.351 did not violate due course of law provision of Texas Constitution); Thoyakulathu v. Brennan, 192 S.W.3d 849 , 855–56 (Tex. App.—Texarkana 2006, no pet.) (holding section 9 74.351 was not unconstitutional as applied to plaintiff who failed to meet expert report deadline due to malfunctioning fax machine and stating, “[W]e conclude that [the] statute need not provide exceptions that wou

12013–2013
Long v. State green
texcrimapp · 1990
1 sentence

2011The State acknowledges, citing Long v. State , 800 S.W.2d 545 , 546 – 48 (Tex. Crim.

12011–2011
Adley v. State green
texcrimapp · 1985
11990–1990
Long v. State green
texcrimapp · 1975
11980–1980
Attwood v. State green
texcrimapp · 1974
11980–1980
Dillard v. State green
texcrimapp · 1977
11980–1980
Chambers v. Maroney green
scotus · 1970
11979–1979
Sublett v. World Ins. Co. neutral
texapp · 1949
11976–1976
National Life Underwriters v. Miller neutral
texapp · 1954
11976–1976

Where else courts name it

TX 39 (1976–2026) OH 38 (1999–2025) GA 36 (1914–2025) CA 35 (1969–2025) IL 33 (1867–2026) FL 32 (1961–2022) AL 21 (1988–2025) IN 21 (1981–2024) PA 21 (1944–2026) MO 20 (1981–2019) NY 17 (1979–2025) MD 13 (1995–2021) DE 12 (2003–2023) VA 12 (1988–2020) WI 11 (2004–2024) IA 11 (1996–2024) WA 10 (1911–2025) KY 10 (1957–2026) MI 10 (1970–2023) MS 9 (1998–2026) CO 9 (1994–2024) KS 9 (2004–2024) OK 8 (1995–2019) LA 8 (1975–2022) DC 8 (1991–2011) UT 8 (1995–2024) AZ 7 (2008–2026) SC 5 (2007–2024) NV 5 (2020–2024) WY 5 (2000–2025) AR 4 (1998–2015) HI 4 (2007–2023) ID 4 (2017–2019) NC 4 (2006–2026) MT 4 (1998–2009) CT 3 (2011–2017) WV 3 (1981–2024) AK 3 (1977–2017) MA 3 (1976–2008) RI 2 (1987–2023) TN 2 (2010–2013) ME 2 (1983–2010) NM 2 (1994–1995) MN 2 (2017–2018)

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.

← Caselaw search · G Cite Topics · Brief Check