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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.
| Case | Followed | Cited |
|---|---|---|
Kimmelman v. Morrisongreen2 sentences1994“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)). | 11 | 16 |
Miniel v. Stategreen2 sentences1997Counsel’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. | 3 | 7 |
Thrift v. Stategreen2 sentences2015“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. | 2 | 2 |
Oldham v. Stategreen2 sentences2006See Oldham, 977 S.W.2d at 362-63 . 2005See Oldham , 977 S.W.2d at 362–63. | 2 | 2 |
Strickland v. Washingtongreen2 sentences1999Id. 1999See id. | 1 | 3 |
McDonnell Douglas Corp. v. Greengreen2 sentences2022Id. 2022See McDonnell, 411 U.S. at 802–04, 807. | 1 | 2 |
Tywron Pierre Thomas A/K/A Tyrone Pierre Thomas v. Stategreen1 sentence2023See 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). | 1 | 1 |
Campise v. Stategreen1 sentence2014Campise v. State, 745 S.W.2d 534, 535 (Tex. App.—Houston [1st Dist.] 1988, no writ). | 1 | 1 |
Milburn v. Stategreen1 sentence2008Milburn v. State , 15 S.W.3d 267, 269 (Tex. App.—Houston [14th Dist.] 2000, pet. ref’d). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jackson v. State
green
2 sentences2012Id. 2008Jackson , 877 S.W.2d at 771 . | 5 | 2007–2012 |
Miniel v. Texas
green
2 sentences1997Counsel’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). | 2 | 1995–1997 |
Mission Consolidated Independent School District v. Garcia
green
1 sentence2021Under 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 . | 1 | 2021–2021 |
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.