Texas Constitution depends upon factors (Texas) · Go Syfert
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Texas Constitution depends upon factors in Texas

5 Texas opinions name it 2 courts 1996–2025 2 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 (6)

CaseFollowedCited
Tilton v. Marshallgreen
tex · 1996 · cited in 4 Texas opinions naming this issue, 2001–2025
2 sentences

2025See Tesco, 221 S.W.3d at 555 ; see also Tilton v. Marshall, 925 S.W.2d 672, 677 (Tex. 1996) (“The construction of any provision of the Texas Constitution depends upon factors such as the language of the constitutional provision itself, its purpose, the historical context in which it was written, the intention of the framers and ratifiers, the application in prior judicial decisions, the relation of the provision to other parts of the Constitution and the law as a whole, the understanding of other branches of government, the law in other jurisdictions, state and federal, constitutional and lega

2024See Tesco, 221 S.W.3d at 555 ; see also Tilton v. Marshall, 925 S.W.2d 672, 677 (Tex. 1996) (“The construction of any provision of the Texas Constitution depends upon factors such as the language of the constitutional provision itself, its purpose, the historical context in which it was written, the intention of the framers and ratifiers, the application in prior judicial decisions, the relation of the provision to other parts of the Constitution and the law as a whole, the understanding of other branches of government, the law in other jurisdictions, state and federal, constitutional and lega

34
In Re O'Connorgreen
tex · 2002 · cited in 2 Texas opinions naming this issue, 2024–2025
2 sentences

2025The supreme court has recognized that, before a judge can be disqualified based on the judge’s former role as counsel in the case, “it is necessary that the judge acted as counsel for some of the parties in [the] suit before him in some proceeding in which the issues were the same as in the case before him.” In re O’Connor, 92 S.W.3d 446, 448 (Tex. 2002) (quoting Lade v. Keller, 615 S.W.2d 916, 920 (Tex. App.—Tyler 1981, no writ)).

2024The supreme court has recognized that, before a judge can be disqualified based on the judge’s former role as counsel in the case, “it is necessary that the judge acted as counsel for some of the parties in [the] suit before him in some proceeding in which the issues were the same as in the case before him.” In re O’Connor, 92 S.W.3d 446, 448 (Tex. 2002) (quoting Lade v. Keller, 615 S.W.2d 916, 920 (Tex. App.—Tyler 1981, no writ)).

22
Lade v. Kellergreen
texapp · 1981 · cited in 2 Texas opinions naming this issue, 2024–2025
2 sentences

2025The supreme court has recognized that, before a judge can be disqualified based on the judge’s former role as counsel in the case, “it is necessary that the judge acted as counsel for some of the parties in [the] suit before him in some proceeding in which the issues were the same as in the case before him.” In re O’Connor, 92 S.W.3d 446, 448 (Tex. 2002) (quoting Lade v. Keller, 615 S.W.2d 916, 920 (Tex. App.—Tyler 1981, no writ)).

2024The supreme court has recognized that, before a judge can be disqualified based on the judge’s former role as counsel in the case, “it is necessary that the judge acted as counsel for some of the parties in [the] suit before him in some proceeding in which the issues were the same as in the case before him.” In re O’Connor, 92 S.W.3d 446, 448 (Tex. 2002) (quoting Lade v. Keller, 615 S.W.2d 916, 920 (Tex. App.—Tyler 1981, no writ)).

22
Tesco American, Inc. v. Strong Industries, Inc.green
tex · 2006 · cited in 2 Texas opinions naming this issue, 2024–2025
2 sentences

2025See Tesco, 221 S.W.3d at 555 ; see also Tilton v. Marshall, 925 S.W.2d 672, 677 (Tex. 1996) (“The construction of any provision of the Texas Constitution depends upon factors such as the language of the constitutional provision itself, its purpose, the historical context in which it was written, the intention of the framers and ratifiers, the application in prior judicial decisions, the relation of the provision to other parts of the Constitution and the law as a whole, the understanding of other branches of government, the law in other jurisdictions, state and federal, constitutional and lega

2024See Tesco, 221 S.W.3d at 555 ; see also Tilton v. Marshall, 925 S.W.2d 672, 677 (Tex. 1996) (“The construction of any provision of the Texas Constitution depends upon factors such as the language of the constitutional provision itself, its purpose, the historical context in which it was written, the intention of the framers and ratifiers, the application in prior judicial decisions, the relation of the provision to other parts of the Constitution and the law as a whole, the understanding of other branches of government, the law in other jurisdictions, state and federal, constitutional and lega

22
Davenport v. Garciagreen
tex · 1992 · cited in 1 Texas opinions naming this issue, 2001–2001
1 sentence

2001See id. at 20 . *227 The Texas Supreme Court has provided the following guidance for construction of our state constitution: The construction of any provision of the Texas Constitution depends upon factors such as the language of the constitutional provision itself, its purpose, the historical context in which it was written, the intention of the framers and ratifiers, the application in prior judicial decisions, the relation of the provision to other parts of the Constitution and the law as a whole, the understanding of other branches of government, the law in other jurisdictions, state and f

11
Ex Parte Tuccigreen
tex · 1993 · cited in 1 Texas opinions naming this issue, 1996–1996
2 sentences

1996See Ex parte Tucci, 859 S.W.2d 1 , 18 n. 3 (Tex.1993) (Phillips, C.J., concurring).

1996See Ex parte Tucci, 859 S.W.2d 1 , 18 n. 3 (Tex.1993) (Phillips, C.J., concurring).

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
City of Austin v. Nalle green
tex · 1893
1 sentence

2006P. 18b(2)(d) (providing a discrete recusal rule for judges who previously served as government lawyers). [15] Tilton v. Marshall, 925 S.W.2d 672 , 677 n. 6 (Tex.1996) ("The construction of any provision of the Texas Constitution depends upon factors such as the language of the constitutional provision itself, its purpose, the historical context in which it was written, the intention of the framers and ratifiers, the application in prior judicial decisions, the relation of the provision to other parts of the Constitution and the law as a whole, the understanding of other branches of government,

12006–2006
National Medical Enterprises, Inc. v. Godbey green
tex · 1996
1 sentence

2006Enter., 924 S.W.2d at 131-32 . [22] See TEX.

12006–2006
Aetna Life Insurance v. Lavoie green
scotus · 1986
2 sentences

2006P. 18b(2)(d) (providing a discrete recusal rule for judges who previously served as government lawyers). [15] Tilton v. Marshall, 925 S.W.2d 672 , 677 n. 6 (Tex.1996) ("The construction of any provision of the Texas Constitution depends upon factors such as the language of the constitutional provision itself, its purpose, the historical context in which it was written, the intention of the framers and ratifiers, the application in prior judicial decisions, the relation of the provision to other parts of the Constitution and the law as a whole, the understanding of other branches of government,

2006P. 18b(2)(d) (providing a discrete recusal rule for judges who previously served as government lawyers). [15] Tilton v. Marshall, 925 S.W.2d 672 , 677 n. 6 (Tex.1996) ("The construction of any provision of the Texas Constitution depends upon factors such as the language of the constitutional provision itself, its purpose, the historical context in which it was written, the intention of the framers and ratifiers, the application in prior judicial decisions, the relation of the provision to other parts of the Constitution and the law as a whole, the understanding of other branches of government,

12006–2006

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