question of fundamental error in Texas

36 Texas opinions name it 3 courts 1913–2015 0 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 (7)

Case	Followed	Cited
State v. Santanagreen tex · 1969 · cited in 4 Texas opinions naming this issue, 1980–1992 2 sentences 1980But in view of the constitutional importance of this case to the public generally, and in view of the fact that juvenile proceedings are not designed to be conducted as ordinary adversary proceedings, the point raises a question of fundamental error, and it will be so treated. 444 S.W.2d at 615 . 1980But in view of the constitutional importance of this case to the public generally, and in view of the fact that juvenile proceedings are not designed to be conducted as ordinary adversary proceedings, the point raises a question of fundamental error, and it will be so treated. 444 S.W.2d at 615 .	2	4
State v. Kinghamgreen texapp · 1962 · cited in 2 Texas opinions naming this issue, 1981–1990 2 sentences 1990This Court has both the authority and it is its duty to consider fundamental error apparent on the face of the record although not assigned, and the exercise by the Trial Court of jurisdiction where none existed is fundamental error.’ Id. (quoting State v. Kingham, 353 S.W.2d 915, 916-17 (Tex.Civ.App.—Austin), rev’d on other grounds, 361 S.W.2d 191 (Tex. 1962)). 1981As the court stated in State v. Kingham, 353 S.W.2d 915, 916-917 (Tex.Civ.App.—Austin) rev’d on other grounds, 361 S.W.2d 191 (Tex. 1962): “[T]he lack of jurisdiction of the Trial Court over either the parties or the subject matter of the suit is a question of fundamental error which can be raised at any time by this court of its own volition.	2	2
Ramsey v. Dunlopgreen tex · 1947 · cited in 2 Texas opinions naming this issue, 1969–1974 2 sentences 1974See Ramsey v. Dunlop, 146 Tex. 196 , 205 S.W.2d 979 (1947); McCauley v. Consolidated Underwriters, 157 Tex. 475 , 304 S.W.2d 265 (1957); and Greenhill, Presentation of a Case to the Supreme Court of Texas, 38 Texas L.Rev. 538 , 541 (1960). 1974See Ramsey v. Dunlop, 146 Tex. 196 , 205 S.W.2d 979 (1947); McCauley v. Consolidated Underwriters, 157 Tex. 475 , 304 S.W.2d 265 (1957); and Greenhill, Presentation of a Case to the Supreme Court of Texas, 38 Texas L.Rev. 538 , 541 (1960).	1	2
Boman v. Howellgreen texapp · 1981 · cited in 1 Texas opinions naming this issue, 1990–1990 2 sentences 1990See Boman v. Howell, 618 S.W.2d 913, 915 (Tex.Civ.App.—Fort Worth 1981, no writ). ‘[T]he lack of jurisdiction of the Trial Court over either the parties or the subject matter of the suit is a question of fundamental error which can be raised at any time by this court of its own volition. 1990This Court has both the authority and it is its duty to consider fundamental error apparent on the face of the record although not assigned, and the exercise by the Trial Court of jurisdiction where none existed is fundamental error.’ Id. (quoting State v. Kingham, 353 S.W.2d 915, 916-17 (Tex.Civ.App.—Austin), rev’d on other grounds, 361 S.W.2d 191 (Tex. 1962)).	1	1
Moore v. Stategreen texcrimapp · 1985 · cited in 1 Texas opinions naming this issue, 1986–1986 2 sentences 1986The task of the reviewing court is to thoroughly review the record and determine, in light of 410 the overall posture of the case (as it relates to the error), whether the appellant has suffered "egregious harm." See Almanza, 686 S.W.2d at 171, 173-74 ; see also Moore v. State, 694 S.W.2d 528, 530-31 (Tex.Crim.App.1985). 1986*The task of the reviewing court is to thoroughly review the record and determine, in light of the overall posture of the case (as it relates to the error), whether the appellant has suffered “egregious harm.” See Almanza, 686 S.W.2d at 171, 173-74 ; see also Moore v. State, 694 S.W.2d 528, 530-31 (Tex.Crim.App.1985).	1	1
Almanza v. Stategreen texcrimapp · 1985 · cited in 1 Texas opinions naming this issue, 1986–1986 2 sentences 1986The task of the reviewing court is to thoroughly review the record and determine, in light of 410 the overall posture of the case (as it relates to the error), whether the appellant has suffered "egregious harm." See Almanza, 686 S.W.2d at 171, 173-74 ; see also Moore v. State, 694 S.W.2d 528, 530-31 (Tex.Crim.App.1985). 1986*The task of the reviewing court is to thoroughly review the record and determine, in light of the overall posture of the case (as it relates to the error), whether the appellant has suffered “egregious harm.” See Almanza, 686 S.W.2d at 171, 173-74 ; see also Moore v. State, 694 S.W.2d 528, 530-31 (Tex.Crim.App.1985).	1	1
Gestean v. Bishopgreen texapp · 1915 · cited in 1 Texas opinions naming this issue, 1915–1915	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (45)

Case	Cited	Years
Natural Gas Pipeline Co. of America v. Goodnough green tex · 1970 2 sentences 1992State v. Santana, 444 S.W.2d 614, 615 (Tex. 1969), vacated per curiam, 397 U.S. 596 , 90 S.Ct. 1350 , 25 L.Ed.2d 594 (1969), dism'd on remand, 457 S.W.2d 275 (Tex.1970). [2] However, see note 1, supra. 1992State v. Santana, 444 S.W.2d 614, 615 (Tex. 1969), vacated per curiam, 397 U.S. 596 , 90 S.Ct. 1350 , 25 L.Ed.2d 594 (1969), dism'd on remand, 457 S.W.2d 275 (Tex.1970). .	2	1992–1992
Santana v. Texas green scotus · 1970 2 sentences 1992State v. Santana, 444 S.W.2d 614, 615 (Tex. 1969), vacated per curiam, 397 U.S. 596 , 90 S.Ct. 1350 , 25 L.Ed.2d 594 (1969), dism'd on remand, 457 S.W.2d 275 (Tex.1970). . 1992State v. Santana, 444 S.W.2d 614, 615 (Tex. 1969), vacated per curiam, 397 U.S. 596 , 90 S.Ct. 1350 , 25 L.Ed.2d 594 (1969), dism'd on remand, 457 S.W.2d 275 (Tex.1970). .	2	1992–1992
State v. Kingham green tex · 1962 2 sentences 1990This Court has both the authority and it is its duty to consider fundamental error apparent on the face of the record although not assigned, and the exercise by the Trial Court of jurisdiction where none existed is fundamental error.’ Id. (quoting State v. Kingham, 353 S.W.2d 915, 916-17 (Tex.Civ.App.—Austin), rev’d on other grounds, 361 S.W.2d 191 (Tex. 1962)). 1981As the court stated in State v. Kingham, 353 S.W.2d 915, 916-917 (Tex.Civ.App.—Austin) rev’d on other grounds, 361 S.W.2d 191 (Tex. 1962): “[T]he lack of jurisdiction of the Trial Court over either the parties or the subject matter of the suit is a question of fundamental error which can be raised at any time by this court of its own volition.	2	1981–1990
Rey v. Rey green texapp · 1972 2 sentences 1980In Rey v. Rey, 487 S.W.2d 245 (Tex.Civ. 1980In Rey v. Rey, 487 S.W.2d 245 (Tex.Civ.App.—El Paso 1972, no writ), a divorce proceeding involving custody and liability for the support of a minor child, the trial court submitted only an issue inquiring whether during a specified period the parties were husband and wife, without inquiring whether the mother of the child and the defendant had, subsequent to such period, entered into a relationship which made the mother the putative wife of the defendant.	2	1980–1980
McCauley v. Consolidated Underwriters green tex · 1957 2 sentences 1974See Ramsey v. Dunlop, 146 Tex. 196 , 205 S.W.2d 979 (1947); McCauley v. Consolidated Underwriters, 157 Tex. 475 , 304 S.W.2d 265 (1957); and Greenhill, Presentation of a Case to the Supreme Court of Texas, 38 Texas L.Rev. 538 , 541 (1960). 1974See Ramsey v. Dunlop, 146 Tex. 196 , 205 S.W.2d 979 (1947); McCauley v. Consolidated Underwriters, 157 Tex. 475 , 304 S.W.2d 265 (1957); and Greenhill, Presentation of a Case to the Supreme Court of Texas, 38 Texas L.Rev. 538 , 541 (1960).	2	1969–1974
Ratcliffe v. Ormsby neutral texapp · 1927 2 sentences 1929The holding of this court in Ratcliffe v. Ormsby, 298 S. W. 930 , is cited as authority for this proposition. 1929The holding of this court in Ratcliffe v. Ormsby, 298 S.W. 930 , is cited as authority for this proposition.	2	1929–1929
Olguin v. Apodaca neutral texcommnapp · 1921 2 sentences 1927App.) 228 S. W. 166 , it is, in effect, decided that, where from the plaintiff’s own testimony it conclusively appears that no recovery can be bad, a question of fundamental error is presented. 1927In the very recent case of Olguin v. Apodaca (Tex.Com.App.) 228 S.W. 166 , it is, in effect, decided that, where from the plaintiff's own testimony it conclusively appears that no recovery can be had, a question of fundamental error is presented.	2	1927–1927
Houston Oil Co. of Texas v. Kimball green · 1910 2 sentences 1917Houston Oil Co. v. Kimball, 103 Tex. 95 , 122 S.W. 533 , 124 S.W. 85 ; Railway v. Maxwell, 104 Tex. 632 , 143 S.W. 1147 . 1917Houston Oil Co. v. Kimball, 103 Tex. 95 , 122 S. W. 533 , 124 S. W. 85 ; Railway v. Maxwell, 104 Tex. 632 , 143 S. W. 1147 .	2	1917–1917
Strong v. Harwell neutral texapp · 1916 2 sentences 1917Strong v. Harwell, 185 S.W. 676 ; McCall v. Roemer, 186 S.W. 409 ; Land v. Johnson, 189 S.W. 337 ; Pearce v. Knights Ladies of Honor, 190 S.W. 1156 . 1917Strong v. Harwell, 185 S. W. 676 ; McCall v. Roemer, 186 S. W. 409 ; Land v. Johnson, 189 S. W. 337 ; Pearce v. Knights & Ladies of Honor, 190 S. W. 1156 . [3] As tbe Supreme Court has granted a writ of error becausé of conflict upon tbe question whether article 1971, R.	2	1917–1917
Missouri, Kansas & Texas Railway Co. v. Maxwell neutral tex · 1912 2 sentences 1917Houston Oil Co. v. Kimball, 103 Tex. 95 , 122 S.W. 533 , 124 S.W. 85 ; Railway v. Maxwell, 104 Tex. 632 , 143 S.W. 1147 . 1917Houston Oil Co. v. Kimball, 103 Tex. 95 , 122 S.W. 533 , 124 S.W. 85 ; Railway v. Maxwell, 104 Tex. 632 , 143 S.W. 1147 .	2	1917–1917
Pearce v. Supreme Lodge, Knights & Ladies of Honor neutral texapp · 1917 2 sentences 1917Strong v. Harwell, 185 S.W. 676 ; McCall v. Roemer, 186 S.W. 409 ; Land v. Johnson, 189 S.W. 337 ; Pearce v. Knights Ladies of Honor, 190 S.W. 1156 . 1917Strong v. Harwell, 185 S. W. 676 ; McCall v. Roemer, 186 S. W. 409 ; Land v. Johnson, 189 S. W. 337 ; Pearce v. Knights & Ladies of Honor, 190 S. W. 1156 . [3] As tbe Supreme Court has granted a writ of error becausé of conflict upon tbe question whether article 1971, R.	2	1917–1917
Land v. Johnson neutral texapp · 1916 2 sentences 1917Strong v. Harwell, 185 S.W. 676 ; McCall v. Roemer, 186 S.W. 409 ; Land v. Johnson, 189 S.W. 337 ; Pearce v. Knights Ladies of Honor, 190 S.W. 1156 . 1917Strong v. Harwell, 185 S. W. 676 ; McCall v. Roemer, 186 S. W. 409 ; Land v. Johnson, 189 S. W. 337 ; Pearce v. Knights & Ladies of Honor, 190 S. W. 1156 . [3] As tbe Supreme Court has granted a writ of error becausé of conflict upon tbe question whether article 1971, R.	2	1917–1917
Wandry v. Williams green · 1910 2 sentences 1917Houston Oil Co. v. Kimball, 103 Tex. 95 , 122 S.W. 533 , 124 S.W. 85 ; Railway v. Maxwell, 104 Tex. 632 , 143 S.W. 1147 . 1917Houston Oil Co. v. Kimball, 103 Tex. 95 , 122 S. W. 533 , 124 S. W. 85 ; Railway v. Maxwell, 104 Tex. 632 , 143 S. W. 1147 .	2	1917–1917
Gallagher v. Teuscher & Co. neutral texapp · 1916 2 sentences 1917Strong v. Harwell, 185 S.W. 676 ; McCall v. Roemer, 186 S.W. 409 ; Land v. Johnson, 189 S.W. 337 ; Pearce v. Knights Ladies of Honor, 190 S.W. 1156 . 1917Strong v. Harwell, 185 S. W. 676 ; McCall v. Roemer, 186 S. W. 409 ; Land v. Johnson, 189 S. W. 337 ; Pearce v. Knights & Ladies of Honor, 190 S. W. 1156 . [3] As tbe Supreme Court has granted a writ of error becausé of conflict upon tbe question whether article 1971, R.	2	1917–1917
Northern Texas Traction Co. v. Hill green texapp · 1927 1 sentence 2015That case arose under Articles 4621 and Hill, 297 S.W. 778 (Tex.Civ.App.1927, writ ref.). 4626 as enacted by the 58th Legislature in 1963.	1	2015–2015
Crawford v. Williams green texapp · 1990 1 sentence 1998This Court has both the authority and it is its duty to consider fundamental error apparent on the face of the record although not assigned, and the exercise by the Trial Court of jurisdiction where none existed is fundamental error.’ Crawford, 797 S.W.2d at 185 .	1	1998–1998
Carter v. State green texcrimapp · 1983 1 sentence 1988This Court found that Morris’ attack upon the sufficiency of evidence underlying the conviction raised a question of fundamental error under the terms of Tex.Code Crim.P.Ann. art. 1.15 (Vernon 1987), and reviewed the alleged error in the interest of justice, citing Carter v. State, 656 S.W.2d 468 (Tex.Crim.App.1983).	1	1988–1988
Rohlfing v. State green texcrimapp · 1981 1 sentence 1985In Rohlfing v. State, 612 S.W.2d 598 (Tex.Crim.App.1981), the Court considered the question of fundamental error in the failure to define “in the course of committing theft” in a charge on the offense of aggravated robbery.	1	1985–1985
Schafer v. Stevens green texapp · 1961 1 sentence 1974In Schafer v. Stevens, 352 S.W.2d 471 (Tex.Civ.App.—Dallas 1961, no writ) we had occasion to review and discuss the question of fundamental error.We there held that fundamental error is now rare indeed except when the error involves matters of public interest and the record affirmatively and conclusively shows lack of jurisdiction.	1	1974–1974
Harrison v. State neutral texcrimapp · 1948 2 sentences 1965This Court, speaking through Judge Graves, held in Harrison v. State, 151 Tex.Cr.R. 606 , 210 S.W.2d 591 : “The.defect in the indictment being one of substance, same can be taken advantage of for the first time on appeal.” The judgment was there reversed and the prosecution ordered dismissed because of the failure of the indictment to allege that the truck in question was a motor vehicle as required by law. 1965This Court, speaking through Judge Graves, held in Harrison v. State, 151 Tex.Cr.R. 606 , 210 S.W.2d 591 : “The.defect in the indictment being one of substance, same can be taken advantage of for the first time on appeal.” The judgment was there reversed and the prosecution ordered dismissed because of the failure of the indictment to allege that the truck in question was a motor vehicle as required by law.	1	1965–1965
Webb v. Huffman green texapp · 1959 2 sentences 1961Webb v. Huffman, supra, apparently supports appellant’s contention, though the opinion does not disclose whether complaint was made in the trial court. 1961Webb v. Huffman, supra, apparently supports appellant's contention, though the opinion does not disclose whether complaint was made in the trial court.	1	1961–1961
City of Santa Anna v. Leach green texapp · 1943 1 sentence 1947They go so far, in one instance, that is, in Santa Anna v. Leach, Tex.Civ.App., 173 S.W.2d 193 , error refused, as to declare that the Court of Civil Appeals has no authority to pass upon a question of fundamental error — not urged in a motion for a new trial in such a case —since the statute authorizing such courts to pass upon errors apparent upon the face of the record, whether assigned or not, had been repealed.	1	1947–1947
Bailey v. Triplett Bros. neutral texapp · 1925 1 sentence 1940Grogan v. Robinson, Tex.Civ.App., 8 S.W.2d 571 ; Bailey v. Triplett Bros., Tex.Civ.App., 278 S.W. 250 .	1	1940–1940
Grogan v. Robinson green texapp · 1928 1 sentence 1940Grogan v. Robinson, Tex.Civ.App., 8 S.W.2d 571 ; Bailey v. Triplett Bros., Tex.Civ.App., 278 S.W. 250 .	1	1940–1940
Texas & Pacific Railway Co. v. Lilly green tex · 1930	1	1938–1938
Magnolia Petroleum Co. v. Stockton neutral texapp · 1925	1	1936–1936
Silliman v. Gano green · 1897	1	1934–1934
Fort Worth Mut. Benev. Ass'n v. Jennings green texapp · 1926	1	1932–1932
Hall v. Williams Ellis green texapp · 1924	1	1932–1932
Hess & Skinner Engineering Co. v. Turney green tex · 1918	1	1930–1930
Walker Moore Co. v. Wegley neutral texapp · 1926	1	1928–1928
Huber v. Smith neutral texapp · 1921	1	1927–1927
Harbinson v. Cottle County neutral texapp · 1912	1	1927–1927
General Bonding & Casualty Ins. Co. v. McCurdy green texapp · 1916	1	1927–1927
Bassel v. Shanklin neutral texapp · 1916	1	1923–1923
Buffalo Bayou Ship Channel Co. v. Bruly green tex · 1876	1	1920–1920
Payne v. Godfrey neutral texapp · 1910	1	1918–1918
Hall v. Jackson green ohioctapp · 1848	1	1918–1918
Salinas v. Wright green · 1854	1	1918–1918
Neville v. Miller neutral texapp · 1914	1	1915–1915

Where else courts name it

TX 36 (1913–2015) FL 29 (1983–2017) NM 8 (1967–2010) ID 8 (1989–2013) IN 7 (1975–2020) AZ 4 (1972–1983)

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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