defendant must rebut presumption (Texas) · Go Syfert
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defendant must rebut presumption in Texas

37 Texas opinions name it 2 courts 1988–2023 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 (9)

CaseFollowedCited
Kimmelman v. Morrisongreen
scotus · 1986 · cited in 16 Texas opinions naming this issue, 1988–2018
2 sentences

1994“Counsel’s competence is presumed and a defendant must rebut this presumption by proving that his attorney’s representation was unreasonable under prevailing professional norms and that the challenged action was not sound strategy.” Miniel, 831 S.W.2d at 323 (citing Kimmelman v. Morrison, 477 U.S. 365, 384 , 106 S.Ct. 2574, 2587 , 91 L.Ed.2d 305 (1986)).

1994“Counsel’s competence is presumed and a defendant must rebut this presumption by proving that his attorney’s representation was unreasonable under prevailing professional norms and that the challenged action was not sound strategy.” Miniel, 831 S.W.2d at 323 (citing Kimmelman v. Morrison, 477 U.S. 365, 384 , 106 S.Ct. 2574, 2587 , 91 L.Ed.2d 305 (1986)).

1116
Miniel v. Stategreen
texcrimapp · 1992 · cited in 7 Texas opinions naming this issue, 1993–1997
2 sentences

1997Counsel’s competence is presumed, and a defendant must rebut this presumption by proving that “his attorney’s representation was unreasonable under prevailing professional norms and that the challenged action was not sound strategy.” Miniel v. State, 831 S.W.2d 310, 323 (Tex.Crim.App.), ce rt. denied, 506 U.S. 885 , 113 S.Ct. 245 , 121 L.Ed.2d 178 (1992).

1996In Miniel, 831 S.W.2d at 323 , the’ Court of Criminal Appeals held: Counsel’s competence is presumed and a defendant must rebut this presumption by proving that his attorney’s representation was unreasonable under prevailing professional norms and that the challenged action was not sound strategy.

37
Thrift v. Stategreen
texcrimapp · 2005 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015“Although the presumption is refutable, the defendant must rebut the presumption by pointing to evidence that the jury failed to follow the trial court’s instruction.” Id.; see Thrift v. State, 176 S.W.3d 221, 224 (Tex. Crim.

2015"Although the presumption is refutable, the defendant must rebut the presumption by pointing to evidence that the jury failed to follow the trial court's instruction." Id.; see Thrift v. State, 176 S.W.3d 221, 224 (Tex. Crim.

22
Oldham v. Stategreen
texcrimapp · 1998 · cited in 2 Texas opinions naming this issue, 2005–2006
2 sentences

2006See Oldham, 977 S.W.2d at 362-63 .

2005See Oldham , 977 S.W.2d at 362–63.

22
Strickland v. Washingtongreen
scotus · 1984 · cited in 3 Texas opinions naming this issue, 1994–1999
2 sentences

1999Id.

1999See id.

13
McDonnell Douglas Corp. v. Greengreen
scotus · 1973 · cited in 2 Texas opinions naming this issue, 2022–2022
2 sentences

2022Id.

2022See McDonnell, 411 U.S. at 802–04, 807.

12
Tywron Pierre Thomas A/K/A Tyrone Pierre Thomas v. Stategreen
texapp · 2015 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023See Thomas v. State, 461 S.W.3d 305, 311 (Tex. App.—Fort Worth 2015, no pet.) (stating that the jury is presumed to follow court’s instructions and a defendant must rebut the presumption by pointing to evidence that it did not).

11
Campise v. Stategreen
texapp · 1988 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014Campise v. State, 745 S.W.2d 534, 535 (Tex. App.—Houston [1st Dist.] 1988, no writ).

11
Milburn v. Stategreen
texapp · 2000 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008Milburn v. State , 15 S.W.3d 267, 269 (Tex. App.—Houston [14th Dist.] 2000, pet. ref’d).

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
Jackson v. State green
texcrimapp · 1994
2 sentences

2012Id.

2008Jackson , 877 S.W.2d at 771 .

52007–2012
Miniel v. Texas green
scotus · 1992
2 sentences

1997Counsel’s competence is presumed, and a defendant must rebut this presumption by proving that “his attorney’s representation was unreasonable under prevailing professional norms and that the challenged action was not sound strategy.” Miniel v. State, 831 S.W.2d 310, 323 (Tex.Crim.App.), ce rt. denied, 506 U.S. 885 , 113 S.Ct. 245 , 121 L.Ed.2d 178 (1992).

1997Counsel’s competence is presumed, and a defendant must rebut this presumption by proving that “his attorney’s representation was unreasonable under prevailing professional norms and that the challenged action was not sound strategy.” Miniel v. State, 831 S.W.2d 310, 323 (Tex.Crim.App.), ce rt. denied, 506 U.S. 885 , 113 S.Ct. 245 , 121 L.Ed.2d 178 (1992).

21995–1997
Mission Consolidated Independent School District v. Garcia green
tex · 2012
1 sentence

2021Under the first step of this framework, “the plaintiff is entitled to a presumption of discrimination if she meets the ‘minimal’ initial burden of establishing a prima facie case of discrimination.” Garcia, 372 S.W.3d at 634 .

12021–2021

Statutes the citing opinions construe

TX § Tex. Penal Code § 22.021 (4) TX § Tex. Penal Code § 1.07 (3) TX § Tex. Penal Code § 19.02 (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

TX 37 (1988–2023) WA 8 (2013–2020) VA 7 (1998–2024) IA 5 (2014–2020) PA 4 (2008–2022) IL 3 (2020–2024) AL 3 (1988–2026) LA 2 (1993–2023) IN 2 (1999–2004) OH 2 (1999–2003)

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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