set forth test (Texas) · Go Syfert
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set forth test in Texas

30 Texas opinions name it 4 courts 1968–2024 1 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 (12)

CaseFollowedCited
Payton v. Stategreen
texcrimapp · 1978 · cited in 2 Texas opinions naming this issue, 1981–2015
2 sentences

2015The Texas Court of Criminal Appeals in Martinez noted that: [i]n Payton v. State, 572 S.W.2d 677, 680 (Tex.Crim.App. 1978) the Court set forth a test devised to show harm for the erroneous exclusion of a qualified juror: ‘Harm may be shown in the erroneous exclusion of a qualified juror by showing that the State exhausted its preemptory challenges.’ See also, Pearce v. State, supra. Martinez at 799 .

1981The trial judge clearly erred. 2 We must now decide whether this error is harmful. [Footnote omitted.]” “In Payton v. State, 572 S.W.2d 677, 680 (Tex.Cr.App. 1978) the Court set forth a test devised to show harm for the erroneous exclusion of a qualified juror: ‘Harm may be shown in the erroneous exclusion of a qualified juror by showing the State exhausted its peremptory challenges.’ See also, Pearce v. State, supra. The record before us is not illuminating: Nothing, such as the clerk’s jury list showing the peremptory challenges exercised by either side, is included in the record.

22
Jones v. Stategreen
texcrimapp · 1976 · cited in 2 Texas opinions naming this issue, 1987–1989
2 sentences

1989“Habitation” and “building” are defined in Section 30.01, supra: “(1) ‘Habitation’ means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes: “(A) each separately secured or occupied portion of the structure or vehicle; and “(B) each structure appurtenant to or connected with the structure or vehicle. “(2) ‘Building’ means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.” In Jones v. State, 532 S.W.2d 596 (Tex.Cr.App.1976), this Court set forth a test to be applied in d

1989"Habitation" and "building" are defined in Section 30.01, supra: "(1) `Habitation' means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes: "(A) each separately secured or occupied portion of the structure or vehicle; and "(B) each structure appurtenant to or connected with the structure or vehicle. "(2) `Building' means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use." In Jones v. State, 532 S.W.2d 596 (Tex. Cr.App.1976), this Court set forth a test to be applied in

12
Field v. Alexander & Alexander of Indiana, Inc.green
indctapp · 1987 · cited in 1 Texas opinions naming this issue, 2009–2009
1 sentence

2009The court set forth the test in Indiana to determine whether a covenant not to compete is ancillary to an agreement as follows: “whether the covenant and contract have a significant nexus to the ‘employment situation’ so as to render the covenant ancillary to the ‘employment situation’ and necessary to protect legitimate rights of the employer although these rights do not arise from the contract to which the covenant is attached.” Id. at 632. (emphasis supplied).

11
United States v. Wattsgreen
scotus · 1997 · cited in 1 Texas opinions naming this issue, 2007–2007
2 sentences

2007See United States v. Watts, 519 U.S. 148, 157 , 117 S.Ct. 633, 638 , 136 L.Ed.2d 554 (1997). [5] As set forth previously, in Watts , the court set forth an exception to the collateral estoppel doctrine wherein facts could be relitigated.

2007See United States v. Watts, 519 U.S. 148, 157 , 117 S.Ct. 633, 638 , 136 L.Ed.2d 554 (1997). [5] As set forth previously, in Watts , the court set forth an exception to the collateral estoppel doctrine wherein facts could be relitigated.

11
In the Interest of J.F.green
texapp · 1994 · cited in 1 Texas opinions naming this issue, 2001–2001
1 sentence

2001In re B.B., 971 S.W.2d 160, 172 (Tex.App.-Beaumont 1998, pet. denied); Arteaga v. Texas Dep't of Protective and Regulatory Servs., 924 S.W.2d 756, 762 (Tex.App.-Austin 1996, writ denied); In re J.F., 888 S.W.2d 140, 143 (Tex.App.-Tyler 1994, no writ); Posner v. Dallas County Child Welfare Unit, 784 S.W.2d 585, 588 (Tex. App.-Eastland 1990, writ denied); Howell v. Dallas County Child Welfare Unit, 710 S.W.2d 729, 734-35 (Tex.App.-Dallas 1986, writ ref'd n.r.e.). [9] Four years later in Strickland v. Washington, 466 U.S. 668, 687-94 , 104 S.Ct. 2052, 2064-68 , 80 L.Ed.2d 674 (1984), the Court se

11
In the Interest of B.B.green
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2001–2001
1 sentence

2001In re B.B., 971 S.W.2d 160, 172 (Tex.App.-Beaumont 1998, pet. denied); Arteaga v. Texas Dep't of Protective and Regulatory Servs., 924 S.W.2d 756, 762 (Tex.App.-Austin 1996, writ denied); In re J.F., 888 S.W.2d 140, 143 (Tex.App.-Tyler 1994, no writ); Posner v. Dallas County Child Welfare Unit, 784 S.W.2d 585, 588 (Tex. App.-Eastland 1990, writ denied); Howell v. Dallas County Child Welfare Unit, 710 S.W.2d 729, 734-35 (Tex.App.-Dallas 1986, writ ref'd n.r.e.). [9] Four years later in Strickland v. Washington, 466 U.S. 668, 687-94 , 104 S.Ct. 2052, 2064-68 , 80 L.Ed.2d 674 (1984), the Court se

11
Howell v. Dallas County Child Welfare Unitgreen
texapp · 1986 · cited in 1 Texas opinions naming this issue, 2001–2001
1 sentence

2001In re B.B., 971 S.W.2d 160, 172 (Tex.App.-Beaumont 1998, pet. denied); Arteaga v. Texas Dep't of Protective and Regulatory Servs., 924 S.W.2d 756, 762 (Tex.App.-Austin 1996, writ denied); In re J.F., 888 S.W.2d 140, 143 (Tex.App.-Tyler 1994, no writ); Posner v. Dallas County Child Welfare Unit, 784 S.W.2d 585, 588 (Tex. App.-Eastland 1990, writ denied); Howell v. Dallas County Child Welfare Unit, 710 S.W.2d 729, 734-35 (Tex.App.-Dallas 1986, writ ref'd n.r.e.). [9] Four years later in Strickland v. Washington, 466 U.S. 668, 687-94 , 104 S.Ct. 2052, 2064-68 , 80 L.Ed.2d 674 (1984), the Court se

11
Posner v. Dallas County Child Welfare Unit of the Texas Department of Human Servicesgreen
texapp · 1990 · cited in 1 Texas opinions naming this issue, 2001–2001
1 sentence

2001In re B.B., 971 S.W.2d 160, 172 (Tex.App.-Beaumont 1998, pet. denied); Arteaga v. Texas Dep't of Protective and Regulatory Servs., 924 S.W.2d 756, 762 (Tex.App.-Austin 1996, writ denied); In re J.F., 888 S.W.2d 140, 143 (Tex.App.-Tyler 1994, no writ); Posner v. Dallas County Child Welfare Unit, 784 S.W.2d 585, 588 (Tex. App.-Eastland 1990, writ denied); Howell v. Dallas County Child Welfare Unit, 710 S.W.2d 729, 734-35 (Tex.App.-Dallas 1986, writ ref'd n.r.e.). [9] Four years later in Strickland v. Washington, 466 U.S. 668, 687-94 , 104 S.Ct. 2052, 2064-68 , 80 L.Ed.2d 674 (1984), the Court se

11
Arteaga v. Texas Department of Protective & Regulatory Servicesgreen
texapp · 1996 · cited in 1 Texas opinions naming this issue, 2001–2001
1 sentence

2001In re B.B., 971 S.W.2d 160, 172 (Tex.App.-Beaumont 1998, pet. denied); Arteaga v. Texas Dep't of Protective and Regulatory Servs., 924 S.W.2d 756, 762 (Tex.App.-Austin 1996, writ denied); In re J.F., 888 S.W.2d 140, 143 (Tex.App.-Tyler 1994, no writ); Posner v. Dallas County Child Welfare Unit, 784 S.W.2d 585, 588 (Tex. App.-Eastland 1990, writ denied); Howell v. Dallas County Child Welfare Unit, 710 S.W.2d 729, 734-35 (Tex.App.-Dallas 1986, writ ref'd n.r.e.). [9] Four years later in Strickland v. Washington, 466 U.S. 668, 687-94 , 104 S.Ct. 2052, 2064-68 , 80 L.Ed.2d 674 (1984), the Court se

11
Clark v. Stategreen
texcrimapp · 1984 · cited in 1 Texas opinions naming this issue, 1989–1989
1 sentence

1989Furthermore, in Clark v. State, 665 S.W.2d 476 at 483 (Tex.Cr.App.1984), this Court set forth the test to be used when determining whether a criminal statute is unconstitutional for vagueness.

11
Clark v. Stategreen
texcrimapp · 1987 · cited in 1 Texas opinions naming this issue, 1989–1989
1 sentence

1989In Clark v. State, 726 S.W.2d 120, 122 (Tex.Crim.App.1986), the court set forth the test for the admission of extraneous offenses: First, it must be determined that the extraneous offense is relevant to a material issue in the case other than the defendant’s character.

11
Knox v. Longgreen
tex · 1953 · cited in 1 Texas opinions naming this issue, 1969–1969
2 sentences

1969In Knox v. Long, 152 Tex. 291 , 257 S.W.2d 289, 292 (1953), this Court set forth the rule regarding oral rendition of judgments.

1969In Knox v. Long, 152 Tex. 291 , 257 S.W.2d 289, 292 (1953), this Court set forth the rule regarding oral rendition of judgments.

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 (19)

CaseCitedYears
Nelson v. Krusen green
tex · 1984
2 sentences

2003A limitations provision is unconstitutional under the open-courts provision if it cuts off the right to sue before there is “a reasonable opportunity to discover the wrong and bring suit.” Id.

2003A limitations provision is unconstitutional under the open-courts provision if it cuts off the right to sue before there is Aa reasonable opportunity to discover the wrong and bring suit.@ Id.

32003–2003
Mosley v. State green
texcrimapp · 1998
2 sentences

2015Id.

2015Id.

22015–2015
In Re Commitment of Mullens green
texapp · 2002
2 sentences

2006In re Commitment of Browning, 113 S.W.3d at 864 ; In re Commitment of Mullens, 92 S.W.3d at 888 .

2006In re Commitment of Browning , 113 S.W.3d at 864 ; In re Commitment of Mullens , 92 S.W.3d at 888 .

22006–2006
In Re the Commitment of Browning green
texapp · 2003
2 sentences

2006In re Commitment of Browning, 113 S.W.3d at 864 ; In re Commitment of Mullens, 92 S.W.3d at 888 .

2006In re Commitment of Browning , 113 S.W.3d at 864 ; In re Commitment of Mullens , 92 S.W.3d at 888 .

22006–2006
Strickland v. Washington green
scotus · 1984
2 sentences

2001In re B.B., 971 S.W.2d 160, 172 (Tex.App.-Beaumont 1998, pet. denied); Arteaga v. Texas Dep't of Protective and Regulatory Servs., 924 S.W.2d 756, 762 (Tex.App.-Austin 1996, writ denied); In re J.F., 888 S.W.2d 140, 143 (Tex.App.-Tyler 1994, no writ); Posner v. Dallas County Child Welfare Unit, 784 S.W.2d 585, 588 (Tex. App.-Eastland 1990, writ denied); Howell v. Dallas County Child Welfare Unit, 710 S.W.2d 729, 734-35 (Tex.App.-Dallas 1986, writ ref'd n.r.e.). [9] Four years later in Strickland v. Washington, 466 U.S. 668, 687-94 , 104 S.Ct. 2052, 2064-68 , 80 L.Ed.2d 674 (1984), the Court se

2001In re B.B., 971 S.W.2d 160, 172 (Tex.App.-Beaumont 1998, pet. denied); Arteaga v. Texas Dep't of Protective and Regulatory Servs., 924 S.W.2d 756, 762 (Tex.App.-Austin 1996, writ denied); In re J.F., 888 S.W.2d 140, 143 (Tex.App.-Tyler 1994, no writ); Posner v. Dallas County Child Welfare Unit, 784 S.W.2d 585, 588 (Tex. App.-Eastland 1990, writ denied); Howell v. Dallas County Child Welfare Unit, 710 S.W.2d 729, 734-35 (Tex.App.-Dallas 1986, writ ref'd n.r.e.). [9] Four years later in Strickland v. Washington, 466 U.S. 668, 687-94 , 104 S.Ct. 2052, 2064-68 , 80 L.Ed.2d 674 (1984), the Court se

22001–2001
Cooley v. Board of Wardens of Port of Philadelphia Ex Rel. Soc. for Relief of Distressed Pilots green
· 1852
2 sentences

1990In Cooley v. Board of Wardens, 53 U.S. (12 How.) 299 (1851), the court set forth a test for commerce clause adjudication that lasted almost 100 years.

1990In Coolev v. Board of Wardens, 53 U.S. (12 How.) 299 (1851), the court set forth a test for commerce clause ad- (Footnote Continued) P. 6713 Honorable Bob Bullock - Page 7 (JM-1258) test employed by the Supreme Court in determining whether a state regulation violates the commerce clause is not the four-prong test for state taxation schemes set forth in '.

21990–1990
Winfrey, Megan AKA Megan Winfrey Hammond green
texcrimapp · 2013
1 sentence

2024In doing so, the Court set forth the rule that because dog-scent-lineup evidence is “merely supportive” of the rest of the evidence in any trial, dog-scent-lineup evidence “cannot itself constitute sufficient evidence of guilt.” Id. at 770 .

12024–2024
Brown v. Howeth Investments, Inc. green
texapp · 1991
1 sentence

2011Brown , 820 S.W.2d at 903 .

12011–2011
EI Du Pont De Nemours & Co. v. Robinson green
tex · 1996
1 sentence

1999I nRobinson, the court set forth factors a court may consider in making the threshold determination of admissibility of the testimony of a scientific expert under Rule 702. 2 923 S.W.2d at 557 .

11999–1999
Gammill v. Jack Williams Chevrolet, Inc. green
tex · 1998
1 sentence

1999In Gammill , however, the court recognized that the Robinson factors might not be appropriate in assessing the reliability of non-scientific expert testimony. 972 S.W.2d at 726 .

11999–1999
Southern Pac. Co. v. State of Arizona Ex Rel. Sullivan, Attorney General of Arizona green
scotus · 1945
1 sentence

1990C mnlete Auto Tran sit, sunra; instead, the court invokes a bglancing test first adopted * Southern Pacific Co. v. Arizona, 325 U.S. 761 , 768-71 (:t45).7 Essentially, the court has adopted what amounts to a two-tiered approach to state economic regulation under the commerce clause.

11990–1990
Jackson v. Van Winkle green
tex · 1983
1 sentence

1989Attached to his Motion for New Trial was his time sheet for April 6, 1987, which shows that on that date he worked on vehicle # 120, which his brother had testified was the unit with the “belly trailer.” The court set forth the test for determining if a Motion for New Trial should be granted based upon newly discovered evidence in Jackson v. Van Winkle, 660 S.W.2d 807 (Tex.1983).

11989–1989
Cherokee Water Co. v. Ross green
tex · 1985
1 sentence

1988This court set forth the standard for determining the scope of the judgment in Cherokee Water Co. v. Ross, 698 S.W.2d at 365-66 , as being whether “construction of the judgment as a whole, in light of the record, would lead to the conclusion that the defenses were necessarily and finally determined.” (Emphasis added.) When a trial court grants a summary judgment, the losing party appeals, and an appellate court finds reversible error in the judgment, the appellate court’s normal action is to reverse the trial court’s judgment and remand the cause to the trial court.

11988–1988
Parker and Parker Construction Co. v. Morris green
texapp · 1961
1 sentence

1986Furthermore, the testimony indicated that there had been no burglaries in the vicinity of Friedman Steel Sales, Inc. In the Williamson case, citing Parker and Parker Construction Co. v. Morris, supra, the court set forth this principle of law as follows: We hold that the owner of a vehicle is not liable to third parties injured as a result of negligent operation of his vehicle by á thief or other person not authorized to drive the vehicle, and that the negligence, if any, of appellant in failing to equip his tractor with a switch and key, or other device, and to remove the key or otherwise ren

11986–1986
Adams v. State green
texcrimapp · 1986
2 sentences

1986In Adams, supra, this Court set forth a test to be applied when determining whether a defendant has suffered harm when a trial court erroneously overrules a valid motion to quash an indictment or information based upon notice grounds.

1986In Adams, supra, this Court set forth a test to be applied when determining whether a defendant has suffered harm when a trial court erroneously overrules a valid motion to quash an indictment or information based upon notice grounds.

11986–1986
Salcedo v. El Paso Hospital District green
tex · 1983
2 sentences

1984In Salcedo, supra, the court set forth the requirement that “[t]he negligent conduct, however, must involve ‘some condition or some use’ of tangible property * * In this case, there is no allegation of negligence involving “some condition” or “some use” of tangible property.

1984In Salcedo, supra, the court set forth the requirement that "[t]he negligent conduct, however, must involve `some condition or some use' of tangible property * * *." In this case, there is no allegation of negligence involving "some condition" or "some use" of tangible property.

11984–1984
Meshwert v. Meshwert green
tex · 1977
1 sentence

1983In the Craddock case, Commissioner Hickman said a new trial should be ordered when the failure to answer “was not intentional, or the result of conscious indifference on his part, but was due to a mistake or an accident.” The court in that opinion did not use the word or set a standard based upon “inadvertence.” Instead, that term was added to the Craddock language by the dissent in Sloan and eventually adopted in Meshwert v. Meshwert, 549 S.W.2d 383 (Tex.1977).

11983–1983
Craddock v. Sunshine Bus Lines, Inc. green
tex · 1939
2 sentences

1983App.—Dallas 1976, no writ), indicates that his argument was based upon the holding in Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388 , 133 S.W.2d 124 (1939), where the court set forth the standard of review to be used in determining whether a default judgment should be set aside and a new trial ordered in any ease in which the defendant failed to answer before judgment had been entered.

1983App.—Dallas 1976, no writ), indicates that his argument was based upon the holding in Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388 , 133 S.W.2d 124 (1939), where the court set forth the standard of review to be used in determining whether a default judgment should be set aside and a new trial ordered in any ease in which the defendant failed to answer before judgment had been entered.

11983–1983
Gulf Oil Corp. v. Gilbert red
scotus · 1947
11968–1968

Where else courts name it

LA 187 (1958–2024) OH 118 (1984–2025) MS 57 (1976–2016) PA 57 (1970–2021) MI 46 (1913–2025) AL 41 (1984–2024) IL 33 (1967–2026) WV 31 (1982–2023) TX 30 (1968–2024) CA 29 (1955–2024) FL 26 (1957–2023) MD 23 (1982–2022) OK 22 (1953–2018) WI 22 (1974–2020) ID 19 (1973–2016) NJ 19 (1954–2025) AR 17 (1998–2021) CT 14 (1984–2026) MA 13 (1988–2025) TN 12 (1985–2012) MT 12 (1970–2013) KY 11 (1994–2025) IN 11 (1986–2014) NY 11 (1980–2024) AZ 10 (1944–2025) WA 9 (1967–2021) MN 9 (1978–2026) NE 8 (1975–2025) SC 8 (1957–2011) UT 8 (1986–2019) VA 7 (1991–2024) NC 7 (1970–2001) NV 7 (1975–2000) KS 7 (1991–2011) WY 7 (1988–2016) GA 6 (1920–2013) RI 6 (1986–2003) HI 6 (1998–2017) MO 5 (1983–2018) ND 5 (1975–2002) OR 5 (1993–2015) NM 4 (1970–2017) CO 3 (1993–2025) SD 2 (1993–1996) AK 2 (1987–1994) DE 2 (1999–2022)

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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