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5 Texas opinions name it 1 courts 2010–2020 0 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.
| Case | Followed | Cited |
|---|---|---|
Roper v. Simmonsgreen2 sentences2012Duran’s challenge is of the categorical variety because he contends that the mandatory sentence is unconstitutional for the reason that it precludes consideration of mitigating circumstances. 2 In cases adopting categorical Eighth Amendment sentencing rules, the Supreme Court has considered “ ‘objective indicia of society’s standards, as expressed in legislative enactments and state practice’ to determine whether there is a national consensus against the sentencing practice at issue.” Id. (quoting Roper v. Simmons, 543 U.S. 551, 563 , 125 S.Ct. 1183, 1191 , 161 L.Ed.2d 1 (2005)). 2012Duran’s challenge is of the categorical variety because he contends that the mandatory sentence is unconstitutional for the reason that it precludes consideration of mitigating circumstances. 2 In cases adopting categorical Eighth Amendment sentencing rules, the Supreme Court has considered “ ‘objective indicia of society’s standards, as expressed in legislative enactments and state practice’ to determine whether there is a national consensus against the sentencing practice at issue.” Id. (quoting Roper v. Simmons, 543 U.S. 551, 563 , 125 S.Ct. 1183, 1191 , 161 L.Ed.2d 1 (2005)). | 1 | 2 |
Highland Capital Management, L.P. v. Ryder Scott Co.green2 sentences2010See Highland Capital , 212 S.W.3d at 535 . 2010See Highland Capital , 212 S.W.3d at 535 . | 1 | 1 |
Carlile v. RLS Legal Solutions, Inc.green1 sentence2010See id. at 408 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kennedy v. Louisiana
green
2 sentences2012“Next, guided by ‘the standards elaborated by controlling precedents and by the Court’s own understanding and interpretation of the Eighth Amendment’s text, history, meaning, and purpose,’ ” id. (quoting Kennedy v. Louisiana, 554 U.S. 407, 421 , 128 S.Ct. 2641, 2650 , 171 L.Ed.2d 525 , modified on denial of reh’g, — U.S. -, 129 S.Ct. 1 , 171 L.Ed.2d 932 (2008)), the Court determines “in the exercise of its own independent judgment whether the punishment in question violates the Constitu *723 tion.” Id. (citing Roper, 543 U.S. at 572 , 125 S.Ct. at 1196-97 ). 2012“Next, guided by ‘the standards elaborated by controlling precedents and by the Court’s own understanding and interpretation of the Eighth Amendment’s text, history, meaning, and purpose,’ ” id. (quoting Kennedy v. Louisiana, 554 U.S. 407, 421 , 128 S.Ct. 2641, 2650 , 171 L.Ed.2d 525 , modified on denial of reh’g, — U.S. -, 129 S.Ct. 1 , 171 L.Ed.2d 932 (2008)), the Court determines “in the exercise of its own independent judgment whether the punishment in question violates the Constitu *723 tion.” Id. (citing Roper, 543 U.S. at 572 , 125 S.Ct. at 1196-97 ). | 2 | 2011–2012 |
Snipes v. Horton
green
2 sentences2012“Next, guided by ‘the standards elaborated by controlling precedents and by the Court’s own understanding and interpretation of the Eighth Amendment’s text, history, meaning, and purpose,’ ” id. (quoting Kennedy v. Louisiana, 554 U.S. 407, 421 , 128 S.Ct. 2641, 2650 , 171 L.Ed.2d 525 , modified on denial of reh’g, — U.S. -, 129 S.Ct. 1 , 171 L.Ed.2d 932 (2008)), the Court determines “in the exercise of its own independent judgment whether the punishment in question violates the Constitu *723 tion.” Id. (citing Roper, 543 U.S. at 572 , 125 S.Ct. at 1196-97 ). 2011“Next, guided by ‘the standards elaborated by controlling precedents and by the Court’s own understanding and interpretation of the Eighth Amendment’s text, history, meaning, and purpose,’” id . (quoting Kennedy v. Louisiana , 554 U.S. 407, 421 , 128 S. Ct. 2641, 2650 , modified on denial of reh’g , 129 S. Ct. 1 (2008)), the Court determines “in the exercise of its own independent judgment whether the punishment in question violates the Constitution.” Id . (citing Roper , 543 U.S. at 572 , 125 S. Ct. at 1196–97). | 2 | 2011–2012 |
State v. Robinson
green
2 sentences2020AFFIRMED. _________________________ HOLLIS HORTON Justice Submitted on May 22, 2020 Opinion Delivered September 30, 2020 Do Not Publish Before Kreger, Horton and Johnson, JJ. 10 See Robinson, 334 S.W.3d at 779 . 11 Id. 12 Id. 7 2020AFFIRMED. _________________________ HOLLIS HORTON Justice Submitted on May 22, 2020 Opinion Delivered September 30, 2020 Do Not Publish Before Kreger, Horton and Johnson, JJ. 10 See Robinson, 334 S.W.3d at 779 . 11 Id. 12 Id. 7 | 1 | 2020–2020 |
State of Texas v. Duran, Anthony
green
1 sentence2019Id. at 568 . | 1 | 2019–2019 |
Graham v. Florida
green
1 sentence2012Duran’s challenge is of the categorical variety because he contends that the mandatory sentence is unconstitutional for the reason that it precludes consideration of mitigating circumstances. 2 In cases adopting categorical Eighth Amendment sentencing rules, the Supreme Court has considered “ ‘objective indicia of society’s standards, as expressed in legislative enactments and state practice’ to determine whether there is a national consensus against the sentencing practice at issue.” Id. (quoting Roper v. Simmons, 543 U.S. 551, 563 , 125 S.Ct. 1183, 1191 , 161 L.Ed.2d 1 (2005)). | 1 | 2012–2012 |
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.