Dean claim (Texas) · Go Syfert
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Dean claim in Texas

5 Texas opinions name it 2 courts 2009–2022 1 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 (1)

CaseFollowedCited
Flores v. Employees Retirement System of Texasgreen
texapp · 2002 · cited in 1 Texas opinions naming this issue, 2022–2022
2 sentences

2022Sys. of Tex., 74 S.W.3d 532, 545 (Tex. App.—Austin 2002, pet. denied) (“Had Ms. Flores known that the Board no longer intended to apply the Dean exception for preexisting conditions caused solely by aging, she might have presented her case differently.”).

2022Sys. of Tex., 74 S.W.3d 532, 545 (Tex. App.—Austin 2002, pet. denied) (“Had Ms. Flores known that the Board no longer intended to apply the Dean exception for preexisting conditions caused solely by aging, she might have presented her case differently.”).

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 (3)

CaseCitedYears
Broders v. Heise green
tex · 1996
2 sentences

2009Contrary to Dr. Dean’s objection, Dr. Wagner’s specialization in the field of anesthesiology instead of cardiovascular or thoracic surgery does not disqualify him from rendering an expert opinion as to whether Dr. Dean departed from accepted standards of medical care regarding the proper positioning and padding of Malcolm’s arm. (footnote: 5) See Broders , 924 S.W.2d at 153–54.

2009Contrary to Dr. Dean’s objection, Dr. Wagner’s specialization in the field of anesthesiology instead of cardiovascular or thoracic surgery does not disqualify him from rendering an expert opinion as to whether Dr. Dean departed from accepted standards of medical care regarding the proper positioning and padding of Malcolm’s arm.5 See Broders, 924 S.W.2d at 153–54.

32009–2009
Ex Parte Moussazadeh green
texcrimapp · 2012
2 sentences

2016If it applied the correct law, the Court would have to deny Dean’s claim because she fails to prove, by a preponderance of the evidence, that her plea was induced by a misunderstanding of the applicable parole law that formed an essential element of the plea agreement.33 FILED: November 23, 2016 DO NOT PUBLISH 31 Moussazadeh II, 64 S.W.3d at 412 . 32 See Moussazadeh III, 361 S.W.3d at 690 . 33 See Moussazadeh II, 64 S.W.3d at 413 .

2016If it applied the correct law, the Court would have to deny Dean’s claim because she fails to prove, by a preponderance of the evidence, that her plea was induced by a misunderstanding of the applicable parole law that formed an essential element of the plea agreement.33 FILED: November 23, 2016 DO NOT PUBLISH 31 Moussazadeh II, 64 S.W.3d at 412 . 32 See Moussazadeh III, 361 S.W.3d at 690 . 33 See Moussazadeh II, 64 S.W.3d at 413 .

12016–2016
Ex Parte Moussazadeh green
texcrimapp · 2001
2 sentences

2016If it applied the correct law, the Court would have to deny Dean’s claim because she fails to prove, by a preponderance of the evidence, that her plea was induced by a misunderstanding of the applicable parole law that formed an essential element of the plea agreement.33 FILED: November 23, 2016 DO NOT PUBLISH 31 Moussazadeh II, 64 S.W.3d at 412 . 32 See Moussazadeh III, 361 S.W.3d at 690 . 33 See Moussazadeh II, 64 S.W.3d at 413 .

2016If it applied the correct law, the Court would have to deny Dean’s claim because she fails to prove, by a preponderance of the evidence, that her plea was induced by a misunderstanding of the applicable parole law that formed an essential element of the plea agreement.33 FILED: November 23, 2016 DO NOT PUBLISH 31 Moussazadeh II, 64 S.W.3d at 412 . 32 See Moussazadeh III, 361 S.W.3d at 690 . 33 See Moussazadeh II, 64 S.W.3d at 413 .

12016–2016

Where else courts name it

MI 15 (2017–2026) WA 11 (2011–2026) TX 5 (2009–2022) UT 5 (1991–2017) WY 4 (1998–2004) CA 4 (2000–2024) CO 3 (2016–2016) IA 3 (2014–2023) GA 3 (1989–2012) OH 3 (2013–2018) SC 3 (2015–2020) TN 2 (2018–2018) MS 2 (1997–2000) MO 2 (1972–1998) NY 2 (1977–2007) MD 2 (1980–2015) IN 2 (2015–2017)

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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