record to support claim (Texas) · Go Syfert
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record to support claim in Texas

38 Texas opinions name it 4 courts 1967–2026 4 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 (24)

CaseFollowedCited
Lewis v. Beavergreen
texapp · 1979 · cited in 3 Texas opinions naming this issue, 2011–2011
2 sentences

2011See Lewis v. Beaver, 588 S.W.2d 685, 687 (Tex.Civ.App.-Houston [14th Dist.] 1979, writ ref'd n.r.e.)(holding that appellants could not deny attorney’s authority to act on their behalf in entering into an agreed judgment and obtain review by writ of error where there was no evidence in the record to support their claim).

2011See Lewis v. Beaver, 588 S.W.2d 685, 687 (Tex.Civ.App.--Houston [14th Dist.] 1979, writ ref’d n.r.e.)(holding that appellants could not deny attorney’s authority to act on their behalf in entering into an agreed judgment and obtain review by writ of error where there was no evidence in the record to support their claim).

33
Williams v. Hendersongreen
hawapp · 2012 · cited in 2 Texas opinions naming this issue, 2014–2014
2 sentences

2014See Linton, 275 S.W.3d at 509 (holding that trial court did not err by denying defendant’s motion for new trial on basis of inadequate deaf-interpretation because the "record reflect[ed] that appellant understood the proceedings well enough to assist in her own defense; moreover, whatever communication difficulties might have existed between appellant and her trial counsel were not apparent in the record"); see also Tuivailala v. State, 127 Hawai'i 242 , 277 P.3d 336 (Hawai’i App.2012) (rejecting ineffective-assistance claim based on counsel’s failure to request interpreter because record refl

2014See Linton, 275 S.W.3d at 509 (holding that trial court did not err by denying defendant’s motion for new trial on basis of inadequate deaf-interpretation because the "record reflect[ed] that appellant understood the proceedings well enough to assist in her own defense; moreover, whatever communication difficulties might have existed between appellant and her trial counsel were not apparent in the record"); see also Tuivailala v. State, 127 Hawai'i 242 , 277 P.3d 336 (Hawai’i App.2012) (rejecting ineffective-assistance claim based on counsel’s failure to request interpreter because record refl

22
Sanchez v. Stategreen
moctapp · 2011 · cited in 2 Texas opinions naming this issue, 2014–2014
2 sentences

2014See Linton, 275 S.W.3d at 509 (holding that trial court did not err by denying defendant’s motion for new trial on basis of inadequate deaf-interpretation because the "record reflect[ed] that appellant understood the proceedings well enough to assist in her own defense; moreover, whatever communication difficulties might have existed between appellant and her trial counsel were not apparent in the record"); see also Tuivailala v. State, 127 Hawai'i 242 , 277 P.3d 336 (Hawai’i App.2012) (rejecting ineffective-assistance claim based on counsel’s failure to request interpreter because record refl

2014See Linton , 275 S.W.3d at 509 (holding that trial court did not err by denying defendant's motion for new trial on basis of inadequate deaf-interpretation because the " record reflect[ed] that appellant understood the proceedings well enough to assist in her own defense; moreover, whatever communication difficulties might have existed between appellant and her trial counsel were not apparent in the record"); see also Tuivailala v. State , 277 P.3d 336 (Hawaii App. 2012) (rejecting ineffective-assistance claim based on counsel's failure to request interpreter because record reflected that defe

22
Linton v. Stategreen
texcrimapp · 2009 · cited in 2 Texas opinions naming this issue, 2014–2014
2 sentences

2014See Linton, 275 S.W.3d at 509 (holding that trial court did not err by denying defendant’s motion for new trial on basis of inadequate deaf-interpretation because the "record reflect[ed] that appellant understood the proceedings well enough to assist in her own defense; moreover, whatever communication difficulties might have existed between appellant and her trial counsel were not apparent in the record"); see also Tuivailala v. State, 127 Hawai'i 242 , 277 P.3d 336 (Hawai’i App.2012) (rejecting ineffective-assistance claim based on counsel’s failure to request interpreter because record refl

2014See Linton , 275 S.W.3d at 509 (holding that trial court did not err by denying defendant's motion for new trial on basis of inadequate deaf-interpretation because the " record reflect[ed] that appellant understood the proceedings well enough to assist in her own defense; moreover, whatever communication difficulties might have existed between appellant and her trial counsel were not apparent in the record"); see also Tuivailala v. State , 277 P.3d 336 (Hawaii App. 2012) (rejecting ineffective-assistance claim based on counsel's failure to request interpreter because record reflected that defe

22
United States v. Martinezgreen
pawd · 2000 · cited in 2 Texas opinions naming this issue, 2014–2014
2 sentences

2014See Linton, 275 S.W.3d at 509 (holding that trial court did not err by denying defendant’s motion for new trial on basis of inadequate deaf-interpretation because the "record reflect[ed] that appellant understood the proceedings well enough to assist in her own defense; moreover, whatever communication difficulties might have existed between appellant and her trial counsel were not apparent in the record"); see also Tuivailala v. State, 127 Hawai'i 242 , 277 P.3d 336 (Hawai’i App.2012) (rejecting ineffective-assistance claim based on counsel’s failure to request interpreter because record refl

2014See Linton , 275 S.W.3d at 509 (holding that trial court did not err by denying defendant's motion for new trial on basis of inadequate deaf-interpretation because the " record reflect[ed] that appellant understood the proceedings well enough to assist in her own defense; moreover, whatever communication difficulties might have existed between appellant and her trial counsel were not apparent in the record"); see also Tuivailala v. State , 277 P.3d 336 (Hawaii App. 2012) (rejecting ineffective-assistance claim based on counsel's failure to request interpreter because record reflected that defe

22
Cornish v. Stategreen
texcrimapp · 1993 · cited in 2 Texas opinions naming this issue, 2010–2011
2 sentences

2011In Young, the Court of Criminal Appeals held that “while a defendant is not required to request the trial court make a comparison analysis of the reasons given for striking various venirepersons in order to preserve the issue for an appellate determination, such defendant is limited to the evidence in the record to support such analysis.” Cornish v. State, 848 S.W.2d 144, 145 (Tex.Crim.App.1993) (en banc) (interpreting Young, 826 S.W.2d at 144 ).

2011In Young, the Court of Criminal Appeals held that "while a defendant is not required to request the trial court make a comparison analysis of the reasons given for striking various venirepersons in order to preserve the issue for an appellate determination, such defendant is limited to the evidence in the record to support such analysis." Cornish v. State, 848 S.W.2d 144, 145 (Tex.Crim.App.1993) (en banc) (interpreting Young, 826 S.W.2d at 144 ).

22
McDonald v. Stategreen
texapp · 2001 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009See McDonald , 64 S.W.3d at 89 (assertions of fact in appellate brief do not constitute evidence on appeal).

2009See McDonald, 64 S.W.3d at 89 (assertions of fact in appellate brief do not constitute evidence on appeal).

22
Bankr. L. Rep. P 71,664 in Re John Hugh Niland, Debtor. Tim Truman and John Niland v. Darwin Deason v. Continental Savings Associationgreen
ca5 · 1987 · cited in 2 Texas opinions naming this issue, 2007–2007
2 sentences

2007In re Niland, 825 F.2d 801, 809 (5th Cir.1987) (quoting Lincoln v. Bennett, 138 Tex. 56, 59 , 156 S.W.2d 504, 505 (Tex.1941)). .

2007Accordingly, Cadle must rely solely on the Ortizes' testimony and the documents in the record to support its claim of estoppel. [14] In re Niland, 825 F.2d 801, 809 (5th Cir. 1987) (quoting Lincoln v. Bennett, 138 Tex. 56, 59 , 156 S.W.2d 504, 505 (Tex.1941)). [15] Brown v. Bank of Galveston, Nat'l Ass'n, 963 S.W.2d 511, 515 (Tex.1998). [16] McKinzie, 869 S.W.2d at 595 .

22
Lincoln v. Bennettgreen
tex · 1941 · cited in 2 Texas opinions naming this issue, 2007–2007
2 sentences

2007Accordingly, Cadle must rely solely on the Ortizes' testimony and the documents in the record to support its claim of estoppel. [14] In re Niland, 825 F.2d 801, 809 (5th Cir. 1987) (quoting Lincoln v. Bennett, 138 Tex. 56, 59 , 156 S.W.2d 504, 505 (Tex.1941)). [15] Brown v. Bank of Galveston, Nat'l Ass'n, 963 S.W.2d 511, 515 (Tex.1998). [16] McKinzie, 869 S.W.2d at 595 .

2007Accordingly, Cadle must rely solely on the Ortizes' testimony and the documents in the record to support its claim of estoppel. [14] In re Niland, 825 F.2d 801, 809 (5th Cir. 1987) (quoting Lincoln v. Bennett, 138 Tex. 56, 59 , 156 S.W.2d 504, 505 (Tex.1941)). [15] Brown v. Bank of Galveston, Nat'l Ass'n, 963 S.W.2d 511, 515 (Tex.1998). [16] McKinzie, 869 S.W.2d at 595 .

22
Ivy v. Carrellgreen
tex · 1966 · cited in 2 Texas opinions naming this issue, 2004–2004
2 sentences

2004These included the following: that the child has a meaningful relationship with Comanche extended family members and that she is entitled to substantial rights and valuable benefits as a member of the Comanche Nation. 6 While Ivy v. Carrell requires a motion for new trial’s meritorious defense to be accompanied by affidavit or other supporting evidence, see 407 S.W.2d 212, 214 (Tex.1966), and the Comanche Nation filed only its motion and supporting brief, we disagree with the dissent that there is no evidence in the record to support this defense, when the movant has asked the court to conside

2004These included the following: that the child has a meaningful relationship with Comanche extended family members and that she is entitled to substantial rights and valuable benefits as a member of the Comanche Nation. (6) While Ivy v. Carrell requires a motion for new trial's meritorious defense to be accompanied by affidavit or other supporting evidence, see 407 S.W.2d 212, 214 (Tex. 1966), and the Comanche Nation filed only its motion and supporting brief, we disagree with the dissent that there is no evidence in the record to support this defense, when the movant has asked the court to cons

22
Miller v. Stategreen
texapp · 1988 · cited in 2 Texas opinions naming this issue, 1993–1993
2 sentences

1993See Miller v. State, 755 S.W.2d 211, 216 (Tex.App.—Dallas 1988), rev’d on other grounds, 815 S.W.2d 582 (Tex.Crim.App.1991).

1993See Miller v. State, 755 S.W.2d 211, 216 (Tex.App. — Dallas 1988), reversed on other grounds, 815 S.W.2d 582 (Tex.Crim.App.1991).

22
Miller v. Stategreen
texcrimapp · 1991 · cited in 2 Texas opinions naming this issue, 1993–1993
2 sentences

1993See Miller v. State, 755 S.W.2d 211, 216 (Tex.App.—Dallas 1988), rev’d on other grounds, 815 S.W.2d 582 (Tex.Crim.App.1991).

1993See Miller v. State, 755 S.W.2d 211, 216 (Tex.App. — Dallas 1988), reversed on other grounds, 815 S.W.2d 582 (Tex.Crim.App.1991).

22
McKinney v. Stategreen
texcrimapp · 2005 · cited in 1 Texas opinions naming this issue, 2023–2023
2 sentences

2023See McKinney, 179 S.W.3d at 571 .

2023See McKinney, 179 S.W.3d at 571 .

11
Freeman v. Stategreen
texcrimapp · 2003 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021See Freeman v. State, 125 S.W.3d 505 , 506–07 (Tex. Crim.

11
Bone v. Stategreen
texcrimapp · 2002 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Bone v. State, 77 S.W.3d 828, 837 (Tex. Crim.

11
Reyna v. Stategreen
texcrimapp · 2005 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014Therefore, even if Ross did make it clear to the trial court that he wished to relitigate the legality of the search of his bedroom, we hold Ross failed to preserve error on the basis of the Confrontation Clause. 3 See Reyna, 168 S.W.3d at 179 (“Because [the appellant] ‘did not clearly articulate’ that the Confrontation Clause demanded admission of the evidence, the trial judge ‘never had the opportunity to rule upon’ [that] rationale.”) (quoting Clark v. State, 881 S.W.2d 682, 694 (Tex. Crim.

11
Clark v. Stategreen
texcrimapp · 1994 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014Therefore, even if Ross did make it clear to the trial court that he wished to relitigate the legality of the search of his bedroom, we hold Ross failed to preserve error on the basis of the Confrontation Clause. 3 See Reyna, 168 S.W.3d at 179 (“Because [the appellant] ‘did not clearly articulate’ that the Confrontation Clause demanded admission of the evidence, the trial judge ‘never had the opportunity to rule upon’ [that] rationale.”) (quoting Clark v. State, 881 S.W.2d 682, 694 (Tex. Crim.

11
Brown v. Bank of Galveston, National Ass'ngreen
tex · 1998 · cited in 1 Texas opinions naming this issue, 2007–2007
1 sentence

2007Accordingly, Cadle must rely solely on the Ortizes' testimony and the documents in the record to support its claim of estoppel. [14] In re Niland, 825 F.2d 801, 809 (5th Cir. 1987) (quoting Lincoln v. Bennett, 138 Tex. 56, 59 , 156 S.W.2d 504, 505 (Tex.1941)). [15] Brown v. Bank of Galveston, Nat'l Ass'n, 963 S.W.2d 511, 515 (Tex.1998). [16] McKinzie, 869 S.W.2d at 595 .

11
Adams v. Norsworthy Ranch, Ltd.green
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2007–2007
11
Sentell v. Williamson Countygreen
texapp · 1990 · cited in 1 Texas opinions naming this issue, 2007–2007
11
McQuarters v. Stategreen
texapp · 2001 · cited in 1 Texas opinions naming this issue, 2004–2004
11
State v. Velasquezgreen
texcrimapp · 1999 · cited in 1 Texas opinions naming this issue, 2003–2003
11
Carmouche v. Stategreen
texcrimapp · 2000 · cited in 1 Texas opinions naming this issue, 2003–2003
11
Badgett v. Stategreen
texcrimapp · 2001 · cited in 1 Texas opinions naming this issue, 2001–2001
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 (14)

CaseCitedYears
Walker v. Packer green
tex · 1992
2 sentences

2012Id.

2011Id.

42011–2012
Ex Parte Golden green
texcrimapp · 1999
2 sentences

2016Ex parte Golden, 991 S.W.2d 859 , 862 n.2 (Tex. Crim.

2012Ex parte Golden , 991 S.W.2d 859 , 862 n.2 (Tex. Crim.

32012–2016
Young v. State green
texcrimapp · 1992
2 sentences

2011In Young, the Court of Criminal Appeals held that “while a defendant is not required to request the trial court make a comparison analysis of the reasons given for striking various venirepersons in order to preserve the issue for an appellate determination, such defendant is limited to the evidence in the record to support such analysis.” Cornish v. State, 848 S.W.2d 144, 145 (Tex.Crim.App.1993) (en banc) (interpreting Young, 826 S.W.2d at 144 ).

2011In Young, the Court of Criminal Appeals held that "while a defendant is not required to request the trial court make a comparison analysis of the reasons given for striking various venirepersons in order to preserve the issue for an appellate determination, such defendant is limited to the evidence in the record to support such analysis." Cornish v. State, 848 S.W.2d 144, 145 (Tex.Crim.App.1993) (en banc) (interpreting Young, 826 S.W.2d at 144 ).

21993–2011
Woods v. William M. Mercer, Inc. green
tex · 1988
1 sentence

2026“However, where the case proceeds to trial with a fact question as to when the plaintiff discovered, it is the plaintiff who benefits by the discovery rule who must ensure that such an issue is submitted.” Id. 8 In its brief, Herc asserts that it learned of the alleged transfer of goodwill at Diaz’s deposition on March 26, 2021, when, it says, it obtained bank records and Diaz admitted that he started a new company to avoid debt obligations. 7 However, Herc does not cite any evidence in the record to support its claim about when and how it learned of the transfer, when it received bank records

12026–2026
Fiengo v. General Motors Corp. green
texapp · 2007
1 sentence

2023As we explained in Fiengo, equitable estoppel “is established when (1) a false representation or concealment of material facts, (2) is made with knowledge, actual or constructive, of those facts, (3) with the intention that it should be acted upon, (4) to a party without knowledge or means of obtaining knowledge of the facts, (5) who detrimentally relies on the representations.” Fiengo, 225 S.W.3d at 861 . –9– Appellants do not cite to anything in the record to support these factors.

12023–2023
New Prime Inc. v. Oliveira green
scotus · 2019
1 sentence

2020In his First Amended Supplemental Brief, Puente also asserts that, under the Supreme Court’s recent decision in New Prime Inc. v. Oliveira, 139 S. Ct. 532 (2019), he is exempt from coverage under Section 1 of the FAA. 1 Puente has not directed this court to any evidence in the record to support his claim that Conn’s knew that the “manifest disregard” language was unenforceable at the time it entered into the Arbitration Agreement with Puente, nor has he cited to evidence in the record that Conn’s knew at the time the Arbitration Agreement was drafted that manifest disregard was not a proper ba

12020–2020
Blakeway v. National Credit Corporation green
texapp · 1969
1 sentence

2015TEX. tional Credit Corporation, 439 S.W.2d 155 [**9] (Tex. R.

12015–2015
Liberty Sign Company v. Newsom green
tex · 1968
1 sentence

2015To complain of error on damages have been approved in Liberty Sign Co. v. appeal, it is incumbent upon the complaining party to Newsom 426 S.W.2d 210 (Tex. 1968); Blakeway v. Na- submit evidence in the record to support his claim.

12015–2015
Strickland v. Washington green
scotus · 1984
1 sentence

2014Id. at 692-94 ; see also Lafler v. (...continued) unreasonable in failing to request an interpreter if the applicant is unable to point to specific instances in the record to support his claim.

12014–2014
Swearingen v. State green
texcrimapp · 2010
1 sentence

2014According to the Texas Court of Criminal Appeals, “[a] literal reading of the statute unequivocally mandates that all evidence to be tested must first be proven to contain biological material.” Swearingen, 303 S.W.3d at 732 .

12014–2014
Gray v. Nash green
texapp · 2008
1 sentence

2014App. P. 38.1(i); Gray, 259 S.W.3d at 294 .

12014–2014
Wallace v. McKinzie green
texapp · 1993
1 sentence

2007Accordingly, Cadle must rely solely on the Ortizes' testimony and the documents in the record to support its claim of estoppel. [14] In re Niland, 825 F.2d 801, 809 (5th Cir. 1987) (quoting Lincoln v. Bennett, 138 Tex. 56, 59 , 156 S.W.2d 504, 505 (Tex.1941)). [15] Brown v. Bank of Galveston, Nat'l Ass'n, 963 S.W.2d 511, 515 (Tex.1998). [16] McKinzie, 869 S.W.2d at 595 .

12007–2007
Dinwiddie v. United States green
scotus · 1996
12004–2004
Hill v. Board of Adjustment of City of Castle Hills green
texapp · 1957
11967–1967

Statutes the citing opinions construe

TX § Tex. Penal Code § 22.01 (3)

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.

Where else courts name it

IL 55 (1970–2026) PA 54 (1987–2026) NY 45 (1957–2023) CA 45 (1937–2026) KS 38 (1994–2024) TX 38 (1967–2026) OH 33 (1992–2026) WA 23 (2005–2025) IN 23 (1975–2020) CT 20 (1964–2020) ND 20 (1974–2016) MI 20 (1956–2025) MS 19 (1996–2022) AZ 17 (1958–2026) FL 17 (1961–2025) MO 16 (1908–2023) NM 15 (2009–2026) CO 13 (1974–2010) GA 12 (1980–2024) IA 10 (1972–2022) OK 10 (1983–2011) MD 10 (1928–2023) WY 9 (1998–2023) OR 8 (1995–2026) TN 8 (1987–2015) UT 8 (1988–2025) SD 7 (1966–2025) ID 7 (1964–2023) DC 6 (1992–2004) MA 5 (1911–2010) VA 5 (1920–2025) NJ 4 (1990–2025) ME 4 (1990–2017) LA 3 (2005–2013) AR 3 (1927–2008) AK 3 (1980–2014) AL 3 (1973–2001) KY 3 (2001–2025) WV 3 (1987–2023) DE 2 (2020–2020) WI 2 (1990–2020)

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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