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38 Texas opinions name it 4 courts 1977–2023 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.
| Case | Followed | Cited |
|---|---|---|
Villanueva v. Stategreen2 sentences2015See id. at 60; Villanueva v. State, 227 S.W.3d 744, 747 (Tex.Crim.App.2007). 2015See id. at 60; Villanueva v. State, 227 S.W.3d 744, 747 (Tex. Crim. | 4 | 4 |
Perry Homes v. Cullgreen2 sentences2018Leach Builders, 458 S.W.3d at 514-15 ). '6 Id.lcitingCitizens Nat'l Bank 271 S.W.3d at 355 (citing Percy Homes, 258 S.W.3d at 590, 593 )). " Id. at7B9. '8 Id. 11 a In readingHogg, it is crystal clearthis was the crux of the case - the reason why both the trial court and the El Paso Court of Appeals found a waiver of the arbitration clause. 2018Leach Builders, 458 S.W.3d at 514-15 ). '6 Id.lcitingCitizens Nat'l Bank 271 S.W.3d at 355 (citing Percy Homes, 258 S.W.3d at 590, 593 )). " Id. at7B9. '8 Id. 11 a In readingHogg, it is crystal clearthis was the crux of the case - the reason why both the trial court and the El Paso Court of Appeals found a waiver of the arbitration clause. | 2 | 2 |
Praesel v. Johnsongreen2 sentences2015“The considerations which warrant imposing tort liability are not identical with [10] B.N. and K.N. are within the class of persons whom those which warrant criminal conviction,” Morris, The Role the child abuse reporting statute was meant to protect, and of Criminal Statutes in Negligence Actions, 49 COLUM. they suffered the kind of injury that the Legislature intended L.REV.. 21, 22–23 (1949), and we will not apply the doctrine the statute to prevent. 5 But this does not end our inquiry. of negligence per se if the criminal statute does not provide See Praesel v. Johnson, 967 S.W.2d 391, 395 1998See Praesel v. Johnson, 967 S.W.2d 391, 395 (Tex.1998). | 2 | 2 |
Rogers v. Stategreen2 sentences2011See Tex.R.Evid. 403; Rogers v. State , 991 S.W.2d 263, 266 (Tex.Crim.App. 1999). 2011See TEX .R.EVID . 403; Rogers v. State, 991 S.W.2d 263, 266 (Tex.Crim.App. 1999). | 2 | 2 |
Abdnor v. Stategreen2 sentences2010See Abdnor, 871 S.W.2d at 732 . 2010See Abdnor , 871 S.W.2d at 732 . | 2 | 2 |
Coleman v. Foristergreen2 sentences2010When an express easement is stated in general terms, the easement “implies a grant of unlimited reasonable use such as is reasonably necessary and convenient and as little burdensome as possible to the servient owner.” Coleman v. Forister, 514 S.W.2d 899, 903 (Tex.1974). 2010When an express easement is stated in general terms, the easement “implies a grant of unlimited reasonable use such as is reasonably necessary and convenient and as little burdensome as possible to the servient owner.” Coleman v. Forister , 514 S.W.2d 899, 903 (Tex. 1974). | 2 | 2 |
Texas Department of Parks & Wildlife v. Mirandagreen2 sentences2007“If the pleadings do not contain sufficient facts to affirmatively demonstrate the trial court’s jurisdiction but do not affirmatively demonstrate incurable defects in jurisdiction, the issue is one of pleading sufficiency and the plaintiffs should be afforded the opportunity to amend.” Texas Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 226-27 (Tex.2004). 2007"If the pleadings do not contain sufficient facts to affirmatively demonstrate the trial court's jurisdiction but do not affirmatively demonstrate incurable defects in jurisdiction, the issue is one of pleading sufficiency and the plaintiffs should be afforded the opportunity to amend." Texas Dep't of Parks & Wildlife v. Miranda , 133 S.W.3d 217, 226-27 (Tex. 2004). | 2 | 2 |
McAllen Hospitals, L.P. D/B/A McAllen Medical Center v. State Farm County Mutual Insurance Company of Texasgreen2 sentences2014Under the UCC, “an instrument is paid to the extent payment is made by or on behalf of a party obliged to pay the instrument, –4– and to a person entitled to enforce the instrument.” McAllen Hosps., 2014 WL 1998245, at *3 (quoting TEX. 2014Under the UCC, “an instrument is paid to the extent payment is made by or on behalf of a party obliged to pay the instrument, and to a person entitled to enforce the instrument.” McAllen Hosps., 433 S.W.3d at 539 (quoting Tex. Bus. & Com.Code Ann. § 3.602(a)). | 1 | 2 |
In re Interest of F.E.N.green1 sentence2021See In re F.E.N., 542 S.W.3d at 766 . | 1 | 1 |
Nix v. Williamsgreen1 sentence2020This was not, however, an application of the inevitable-discovery doctrine, where the search is illegal but the fruits are admissible because they would have inevitably been discovered.12 Instead, the search at issue was held to be legal because “once it becomes unequivocally clear that the item is to accompany the detainee, the right of inspection accrues 8 Id. (citing Bullwinkle, see supra at n.4). 9 See supra at nn. 4, 8. 10 Bullwinkle, 105 Cal. App. 3d at 87 , 164 Cal. Rptr. at 166 . 11 Id. 12 See Nix v. Williams, 467 U.S. 431, 444 (1984) (“It is clear that the cases implementing the exclu | 1 | 1 |
Arvizu v. Estate of Puckettgreen1 sentence2018See Arvizu , 364 S.W.3d at 276 . | 1 | 1 |
Cameron Appraisal District v. Rourkgreen1 sentence2017HCAD points out that appraisal review boards have the power to make determinations of fact and conclusions of law, a role typically reserved for the judiciary, Tex. Tax Code § 41.01; see Holmes v. Morales, 924 S.W.2d 920, 923 (Tex. 1996); see also Cameron Appraisal Dist. v. Rourk, 194 S.W.3d 501, 502 (Tex. 2006). | 1 | 1 |
Holmes v. Moralesgreen1 sentence2017HCAD points out that appraisal review boards have the power to make determinations of fact and conclusions of law, a role typically reserved for the judiciary, Tex. Tax Code § 41.01; see Holmes v. Morales, 924 S.W.2d 920, 923 (Tex. 1996); see also Cameron Appraisal Dist. v. Rourk, 194 S.W.3d 501, 502 (Tex. 2006). | 1 | 1 |
Jerry Vernon v. William Perrien and Roxanne Perriengreen1 sentence2016This does not end the inquiry, however. “[A] litigant’s couching its requested relief in terms of declaratory relief does not alter the underlying nature of the suit.” Texas Parks & Wildlife Dept. v. Sawyer Trust, 354 S.W.3d 384, 388 (Tex. 2011); accord Vernon, 390 S.W.3d at 55 . | 1 | 1 |
Texas Parks & Wildlife Department v. Sawyer Trustgreen1 sentence2016This does not end the inquiry, however. “[A] litigant’s couching its requested relief in terms of declaratory relief does not alter the underlying nature of the suit.” Texas Parks & Wildlife Dept. v. Sawyer Trust, 354 S.W.3d 384, 388 (Tex. 2011); accord Vernon, 390 S.W.3d at 55 . | 1 | 1 |
Perry v. S.N.green1 sentence2006See Perry, 973 S.W.2d at 306 . | 1 | 1 |
Hernandez v. Stategreen1 sentence2000“Rule 44.2(a) provides that error *177 in the admission of evidence does not require reversal if the reviewing court determines beyond a reasonable doubt that admission of the evidence did not contribute to the conviction or punishment.” Hernandez v. State, 13 S.W.3d 78, 83 (Tex.App.-Texarkana 2000, no pet.). | 1 | 1 |
Sewell v. Stategreen2 sentences1998See Sewell v. State, 629 S.W.2d 42, 45 (Tex.Crim.App.1982). 1998See Sewell v. State, 629 S.W.2d 42, 45 (Tex.Crim.App.1982). | 1 | 1 |
Ex Parte Drinkertgreen2 sentences1995See Ex parte Drinkert, 821 S.W.2d 953, 955 (Tex.Cr.App.1991) (plurality op.) 11 The State ar gues there was no danger the jury convicted appellant of capital murder based on the transferred intent instruction because the jury found at the punishment phase in special issue one that “appellant deliberately caused the death” of the baby. 12 We disagree. 1995See Ex parte Drinkert, 821 S.W.2d 953, 955 (Tex. Cr.App.1991) (plurality op.) [11] The State argues *437 there was no danger the jury convicted appellant of capital murder based on the transferred intent instruction because the jury found at the punishment phase in special issue one that "appellant deliberately caused the death" of the baby. [12] We disagree. | 1 | 1 |
| Farley v. MM Cattle Companygreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Delk v. State
green
2 sentences2007Id. at 706 . 2007Id. at 706 . | 2 | 2007–2007 |
Federal Sign v. Texas Southern University
red
2 sentences1999It bears repeating that the majority opinion in Federal Sign specifically directs that "[t]here may be other circumstances where the State may waive its immunity by conduct other than simply executing a contract so that it is not always immune from suit when it contracts." 951 S.W.2d at 408 n.1. 1999It bears repeating that the majority opinion in Federal Sign specifically directs that “[t]here may be other circumstances where the State may waive its immunity by conduct other than simply executing a contract so that it is not always immune from suit when it contracts.” 951 S.W.2d at 408 n. 1. | 2 | 1999–1999 |
SmithKline Beecham Corp. v. Doe
green
1 sentence2023But this does not end the inquiry.48 We next balance the risk, foreseeability, and likelihood of injury 47 See SmithKline, 903 S.W.2d at 353 . | 1 | 2023–2023 |
People v. Bullwinkle
green
2 sentences2020This was not, however, an application of the inevitable-discovery doctrine, where the search is illegal but the fruits are admissible because they would have inevitably been discovered.12 Instead, the search at issue was held to be legal because “once it becomes unequivocally clear that the item is to accompany the detainee, the right of inspection accrues 8 Id. (citing Bullwinkle, see supra at n.4). 9 See supra at nn. 4, 8. 10 Bullwinkle, 105 Cal. App. 3d at 87 , 164 Cal. Rptr. at 166 . 11 Id. 12 See Nix v. Williams, 467 U.S. 431, 444 (1984) (“It is clear that the cases implementing the exclu 2020This was not, however, an application of the inevitable-discovery doctrine, where the search is illegal but the fruits are admissible because they would have inevitably been discovered.12 Instead, the search at issue was held to be legal because “once it becomes unequivocally clear that the item is to accompany the detainee, the right of inspection accrues 8 Id. (citing Bullwinkle, see supra at n.4). 9 See supra at nn. 4, 8. 10 Bullwinkle, 105 Cal. App. 3d at 87 , 164 Cal. Rptr. at 166 . 11 Id. 12 See Nix v. Williams, 467 U.S. 431, 444 (1984) (“It is clear that the cases implementing the exclu | 1 | 2020–2020 |
G.T. Leach Builders, LLC v. Sapphire V.P., Lp
green
2 sentences2018Once again, however, this does not end our analysis, as the next factor is perhaps the most important factor in our determination whether Ms. Hogg substantially invoked the judicial process [--] Ms. Hogg Willingly Engaged in Litigation Until She Faced an Adverse Ruling."28 2s Id. at788 (citing G.T. 2018Leach Builders, 458 S.W.3d at 514-15 ). '6 Id.lcitingCitizens Nat'l Bank 271 S.W.3d at 355 (citing Percy Homes, 258 S.W.3d at 590, 593 )). " Id. at7B9. '8 Id. 11 a In readingHogg, it is crystal clearthis was the crux of the case - the reason why both the trial court and the El Paso Court of Appeals found a waiver of the arbitration clause. | 1 | 2018–2018 |
Rudes v. Gottschalk
green
1 sentence2015“The considerations which warrant imposing tort liability are not identical with [10] B.N. and K.N. are within the class of persons whom those which warrant criminal conviction,” Morris, The Role the child abuse reporting statute was meant to protect, and of Criminal Statutes in Negligence Actions, 49 COLUM. they suffered the kind of injury that the Legislature intended L.REV.. 21, 22–23 (1949), and we will not apply the doctrine the statute to prevent. 5 But this does not end our inquiry. of negligence per se if the criminal statute does not provide See Praesel v. Johnson, 967 S.W.2d 391, 395 | 1 | 2015–2015 |
Smith v. Merritt
green
2 sentences2015“The considerations which warrant imposing tort liability are not identical with [10] B.N. and K.N. are within the class of persons whom those which warrant criminal conviction,” Morris, The Role the child abuse reporting statute was meant to protect, and of Criminal Statutes in Negligence Actions, 49 COLUM. they suffered the kind of injury that the Legislature intended L.REV.. 21, 22–23 (1949), and we will not apply the doctrine the statute to prevent. 5 But this does not end our inquiry. of negligence per se if the criminal statute does not provide See Praesel v. Johnson, 967 S.W.2d 391, 395 2015See Smith, S.W.2d 201, 204–05 (1959); Phoenix Refining Co. v. Powell, 940 S.W.2d at 607–08. | 1 | 2015–2015 |
Bigon v. State
green
2 sentences2014A. ROBBERY AND ASSAULT The court of appeals, in deciding that Garfias’s convictions violated multiple- punishments principles, held that “[a]ggravated robbery and aggravated assault share a common focus. . . . [T]he gravamen of robbery offenses, including aggravated robbery, is the 32 Id. at 371 . 33 Id. at 371–72 (a units-of-prosecution determination is not necessary to an “elements” analysis, but “the spirit behind the principle is fitting” in such a case). 34 Garfias I, 2008 WL 2404268 at *2. 2014A. ROBBERY AND ASSAULT The court of appeals, in deciding that Garfias’s convictions violated multiple- punishments principles, held that “[a]ggravated robbery and aggravated assault share a common focus. . . . [T]he gravamen of robbery offenses, including aggravated robbery, is the 32 Id. at 371 . 33 Id. at 371–72 (a units-of-prosecution determination is not necessary to an “elements” analysis, but “the spirit behind the principle is fitting” in such a case). 34 Garfias I, 2008 WL 2404268 at *2. | 1 | 2014–2014 |
Crawford v. Washington
green
2 sentences2013Crawford, 541 U.S. at 59 n.9, 124 S.Ct. at 1369 , citing Tennessee v. Street, 471 U.S. 409, 414 , 105 S.Ct. 2078 , 85 L.Ed.2d 425 (1985). 2013Crawford, 541 U.S. at 59 n.9, 124 S.Ct. at 1369 , citing Tennessee v. Street, 471 U.S. 409, 414 , 105 S.Ct. 2078 , 85 L.Ed.2d 425 (1985). | 1 | 2013–2013 |
Tennessee v. Street
green
2 sentences2013Crawford, 541 U.S. at 59 n.9, 124 S.Ct. at 1369 , citing Tennessee v. Street, 471 U.S. 409, 414 , 105 S.Ct. 2078 , 85 L.Ed.2d 425 (1985). 2013Crawford, 541 U.S. at 59 n.9, 124 S.Ct. at 1369 , citing Tennessee v. Street, 471 U.S. 409, 414 , 105 S.Ct. 2078 , 85 L.Ed.2d 425 (1985). | 1 | 2013–2013 |
Montgomery v. State
green
1 sentence1993As stated above, the trial court was further requested effectively to balance the probative value of this evidence against the danger of unfair prejudice created by the introduction of the wallet and the poem. • Rule 403, supra. Appellant argues that this evidence was highly inflammatory and prejudicial in that it “shows the jury what a fine young man the deceased was and that he was loved by those with whom he associated.” And while it is true that we must defer to the judgment of the trial court in its determination under Rule 403, once again, our review of the record shows the relevant crit | 1 | 1993–1993 |
| Dallas County Levee Improvement Dist. No. 6 v. Rugel green | 1 | 1992–1992 |
| United States v. Wade green | 1 | 1986–1986 |
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.
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.