178 Texas opinions name it 5 courts 1954–2026 23 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 |
|---|---|---|
Kothe v. Stategreen2 sentences2022Under the second part of the inquiry, the “investigative stop can last no longer than necessary to effect the purpose of the stop.” Kothe v. State, 152 S.W.3d 54, 63 (Tex. Crim. 2016Under the second part of the inquiry, the “investigative stop can last no longer than necessary to effect the purpose of the stop.” Kothe v. State, 152 S.W.3d 54, 63 (Tex. Crim. | 13 | 13 |
Rousseau v. Stategreen2 sentences2024See Rousseau, 855 S.W.2d at 672 . 2014See Hall, 225 S.W.3d at 528 ; Rousseau, 855 S.W.2d at 672–73. 8 37.09(1); McKithan, 324 S.W.3d at 583 ; Watson, 306 S.W.3d at 273 ; see also Lopez v. State, No. 13-09-00523-CR, 2012 WL 256103 , at *7 (Tex. App.— Corpus Christi Jan. 26, 2012, no pet.) (mem. op., not designated for publication) (holding that assault by contact is not a lesser-included offense of aggravated sexual assault); Silber v. State, No. 13-05-00238-CR, 2006 WL 347167 , at *2–3 (Tex. App.—Corpus Christi Feb. 16, 2006, pet. ref’d) (mem. op., not designated for publication) (holding that assault by contact is not a lesser-in | 6 | 7 |
Ex Parte Moodygreen2 sentences2010Id. (citing Ex parte Moody, 991 S.W.2d 856, 858 (Tex.Crim.App.1999)). 2010Id . (citing Ex parte Moody , 991 S.W.2d 856, 858 (Tex. Crim. | 5 | 5 |
Strickland v. Washingtongreen2 sentences1990Hence, even if the motion had been denied as untimely (a conclusion not supported by the record), the second part of the test for ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) has not been met. 1990Hence, even if the motion had been denied as untimely (a conclusion not supported by the record), the second part of the test for ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) has not been met. | 4 | 9 |
Moore v. Stategreen2 sentences2016See Moore v. State, 969 S.W.2d 4, 8 (Tex. Crim. 2006Moore v. State , 969 S.W.2d 4, 8 (Tex. Crim. | 4 | 4 |
Hall v. Stategreen2 sentences2016The second part of the analysis requires a determination of whether there is evidence that supports giving the instruction to the jury. “‘A defendant is entitled to an instruction on a lesser-included offense where the proof for the offense charged includes the proof necessary to establish the lesser-included offense and there is some evidence in the record that would permit a jury rationally to find that if the defendant is guilty, he is guilty only of the lesser-included offense.’” Hall v. State, 225 S.W.3d 524 (Tex.Crim.App. 2007, reh’g denied) (citing Bignall v. State, 887 S.W.2d 21 , 23 T 2015In other words, the evidence must establish the lesser- included offense as a valid, rational alternative to the charged offense.” Hall, 225 S.W.3d at 536 . 13 ARGUMENT In his second issue, appellant argues that the trial court erred in refusing to instruct the jury on the offense of manslaughter as a lesser-included offense of murder (Appellant’s Br. 15-21). | 3 | 11 |
Davis v. Stategreen2 sentences2014Florida v. Royer, 460 U.S. 491, 500 , 103 S.Ct. 1319, 1325 , 75 L.Ed.2d 229 (1983); Davis v. State, 947 S.W.2d 240, 245 (Tex.Crim.App. 1997). 2014Florida v. Royer, 460 U.S. 491, 500 , 103 S.Ct. 1319, 1325 , 75 L.Ed.2d 229 (1983); Davis v. State, 947 S.W.2d 240, 245 (Tex.Crim.App.1997). | 3 | 8 |
in Re Steven and Shyla Lipsky and Alisa Richgreen2 sentences2015However, in determining whether Malouf’s lawsuit relates to AOL and Wood’s exercise of free speech, “we are not called on to determine the truth or falsity of the allegedly defamatory statement; that is a subject for the second part of the analysis under section 27.005(c).” Shipp, 439 S.W.3d at 439 n.4; see also Kinney v. BCG Attorney Search, Inc., No. 03–12–00579–CV, 2014 WL 1432012 , at *5 (Tex. App.—Austin Apr. 11, 2014, pet. denied) (mem. op.) (determining whether communication meets statutory definition of exercise of free speech does not entail deciding whether speech is true); In re Lip 2015However, in determining whether Malouf’s lawsuit relates to AOL and Wood’s exercise of free speech, “we are not called on to determine the truth or falsity of the allegedly defamatory statement; that is a subject for the second part of the analysis under section 27.005(c).” Shipp, 439 S.W.3d at 439 n.4; see also Kinney v. BCG Attorney Search, Inc., No. 03–12–00579–CV, 2014 WL 1432012 , at *5 (Tex. App.—Austin Apr. 11, 2014, pet. denied) (mem. op.) (determining whether communication meets statutory definition of exercise of free speech does not entail deciding whether speech is true); In re Lip | 3 | 3 |
Nava, Andres Maldonadogreen2 sentences2018See Hinton, 134 S. Ct. at 1089 ; Strickland, 466 U.S. at 687, 694 ; Nava, 415 S.W.3d at 308 . 2018Nava v. State, 415 S.W.3d 289, 308 (Tex. Crim. | 2 | 6 |
Virginia Roe Burns v. Denis Lyons Burnsgreen2 sentences2020Thus, legal and factual sufficiency issues are not independent grounds for asserting error, but are factors relevant to the appellate court’s evaluation of whether an abuse of discretion occurred. 26 To decide whether an abuse of discretion occurred, we consider whether the trial court (1) had sufficient evidence to exercise its discretion and (2) erred in exercising that discretion. 27 The first part of this two-part test focuses on whether the ruling the trial court made is supported by sufficient evidence.28 In a case in which some evidence supports the trial court’s ruling, the second part 2020Thus, legal and factual sufficiency issues are not independent grounds for asserting error, but are factors relevant to the appellate court’s evaluation of whether an abuse of discretion occurred. 26 To decide whether an abuse of discretion occurred, we consider whether the trial court (1) had sufficient evidence to exercise its discretion and (2) erred in exercising that discretion. 27 The first part of this two-part test focuses on whether the ruling the trial court made is supported by sufficient evidence.28 In a case in which some evidence supports the trial court’s ruling, the second part | 2 | 3 |
Bignall v. Stategreen2 sentences2016The second part of the analysis requires a determination of whether there is evidence that supports giving the instruction to the jury. “‘A defendant is entitled to an instruction on a lesser-included offense where the proof for the offense charged includes the proof necessary to establish the lesser-included offense and there is some evidence in the record that would permit a jury rationally to find that if the defendant is guilty, he is guilty only of the lesser-included offense.’” Hall v. State, 225 S.W.3d 524 (Tex.Crim.App. 2007, reh’g denied) (citing Bignall v. State, 887 S.W.2d 21 , 23 T 2016Although anything more than a scintilla of evidence may be sufficient to entitle a defendant to a lesser charge, the evidence must establish the lesser-included offense as a “‘valid, rational alternative to the charged offense.’” Id. | 2 | 3 |
Schlobohm v. Schapirogreen2 sentences1991In the recent case of Schlobohm , the supreme court modified the second part of the test in O’Brien v. Lanpar Co., 399 S.W.2d 340, 342 (Tex.1966), to include continuing and systematic contacts in a three prong test. 784 S.W.2d at 357-358 . 1991In the recent case of Schlobohm , the supreme court modified the second part of the test in O'Brien v. Lanpar Co., 399 S.W.2d 340, 342 (Tex. 1966), to include continuing and systematic contacts in a three prong test. 784 S.W.2d at 357-358 . | 2 | 3 |
Cavazos, Abrahamgreen2 sentences2024See Cavazos v. State, 382 S.W.3d 377, 385 (Tex. Crim. 2018TEX.PENAL CODE ANN. § 19.02(b)(2); Roy, 509 S.W.3d at 317 , citing Cavazos v. State, 382 S.W.3d 377, 384 (Tex.Crim.App. 2012). | 2 | 2 |
Werley v. Cannongreen2 sentences2021To satisfy the second part of the test, the court should ensure that the punishment “fits the crime,” and that the sanction is “no more severe than necessary to satisfy its legitimate purposes[.]” Werley v. Cannon, 344 S.W.3d 527, 532 (Tex. App.—El Paso 2011, no pet.); see also Powell, 811 S.W.2d at 917 . 2018To satisfy the second part of the test, the court should ensure that the punishment “fits the crime,” and that the sanction is “no more severe than necessary to satisfy its legitimate purposes[.]” Werley v. Cannon, 344 S.W.3d 527, 532 (Tex. App.—El Paso 2011, no pet.); see also Powell, 811 S.W.2d at 917 . | 2 | 2 |
In Re MMMgreen2 sentences2021In the Interest of M.M.M., 307 S.W.3d 846, 849 (Tex. App.—Fort Worth 2010, no pet.). 2016In re M.M.M., 307 S.W.3d 846, 849 (Tex. App.—Fort Worth 2010, no pet.). | 2 | 2 |
TransAmerican Natural Gas Corp. v. Powellgreen2 sentences2021To satisfy the second part of the test, the court should ensure that the punishment “fits the crime,” and that the sanction is “no more severe than necessary to satisfy its legitimate purposes[.]” Werley v. Cannon, 344 S.W.3d 527, 532 (Tex. App.—El Paso 2011, no pet.); see also Powell, 811 S.W.2d at 917 . 2018To satisfy the second part of the test, the court should ensure that the punishment “fits the crime,” and that the sanction is “no more severe than necessary to satisfy its legitimate purposes[.]” Werley v. Cannon, 344 S.W.3d 527, 532 (Tex. App.—El Paso 2011, no pet.); see also Powell, 811 S.W.2d at 917 . | 2 | 2 |
| Gaona v. Stategreen | 2 | 2 |
| Diamond Shamrock Refining & Marketing Co. v. Nueces County Appraisal Districtgreen | 2 | 2 |
| Cox, Kenyon Gradygreen | 2 | 2 |
| Fuentes v. Stategreen | 2 | 2 |
| Guzman v. Stategreen | 2 | 2 |
SWEED v. Stategreen2 sentences2021Sweed, 351 S.W.3d at 68 ; Tutson, 530 S.W.3d at 329-30 . 2012However, the second part of the test requires some evidence in the record that would permit a jury to rationally find that if Barrios is guilty, he is guilty only of the lesser-included offense. *400 Sweed, 351 S.W.3d at 68 ; Yzagmrre, 367 S.W.3d at 930 (citing Hall, 158 S.W.3d at 473 ). | 1 | 7 |
Moroch v. Collinsgreen2 sentences2020Thus, legal and factual sufficiency issues are not independent grounds for asserting error, but are factors relevant to the appellate court’s evaluation of whether an abuse of discretion occurred. 26 To decide whether an abuse of discretion occurred, we consider whether the trial court (1) had sufficient evidence to exercise its discretion and (2) erred in exercising that discretion. 27 The first part of this two-part test focuses on whether the ruling the trial court made is supported by sufficient evidence.28 In a case in which some evidence supports the trial court’s ruling, the second part 2020Thus, legal and factual sufficiency issues are not independent grounds for asserting error, but are factors relevant to the appellate court’s evaluation of whether an abuse of discretion occurred. 26 To decide whether an abuse of discretion occurred, we consider whether the trial court (1) had sufficient evidence to exercise its discretion and (2) erred in exercising that discretion. 27 The first part of this two-part test focuses on whether the ruling the trial court made is supported by sufficient evidence.28 In a case in which some evidence supports the trial court’s ruling, the second part | 1 | 3 |
Hall v. Stategreen2 sentences2015See Hall v. State, 158 S.W.3d 470, 473 (Tex. Crim. 2012However, the second part of the test requires some evidence in the record that would permit a jury to rationally find that if Barrios is guilty, he is guilty only of the lesser-included offense. *400 Sweed, 351 S.W.3d at 68 ; Yzagmrre, 367 S.W.3d at 930 (citing Hall, 158 S.W.3d at 473 ). | 1 | 3 |
Bullock v. Stategreen2 sentences2019See Bullock, 509 S.W.3d at 924 . 2019Bullock, 509 S.W.3d at 925 . | 1 | 2 |
| Jose Antonio Moncivais v. Stategreen | 1 | 2 |
| Johnson v. Stategreen | 1 | 2 |
| Brittan Communications International Corp. v. Southwestern Bell Telephone Co.green | 1 | 2 |
| City of White Settlement v. Super Wash, Inc.green | 1 | 1 |
| Hardin v. Stategreen | 1 | 1 |
| Ex Parte McKithangreen | 1 | 1 |
| McEwen v. Wal-Mart Stores, Inc.green | 1 | 1 |
| George v. Stategreen | 1 | 1 |
| Carter v. Stategreen | 1 | 1 |
| Baker v. Goldsmithgreen | 1 | 1 |
| Campbell v. Stategreen | 1 | 1 |
| In Re Lewingreen | 1 | 1 |
| In Re ABPgreen | 1 | 1 |
| Matlock, Marcus Dewaynegreen | 1 | 1 |
| Julie Hersh v. John Tatum and Mary Ann Tatumgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State Ex Rel. Young v. SIXTH JUD. DISTRICT
green
2 sentences2019As to the second part of the test, the petitioner must “show he has ‘a clear right to the relief sought’—that is to say, ‘when the facts and circumstances dictate but one rational decision’ under unequivocal, well-settled (i.e., from extant statutory, constitutional, or case law sources), and clearly controlling legal principles.” Id. 2014Id. | 4 | 2014–2019 |
Thompson v. State
green
2 sentences2013Strickland, 466 U.S. at 694 ; Thompson, 9 S.W.3d at 812 . 2010Id. (citing Ex parte Moody, 991 S.W.2d 856, 858 (Tex.Crim.App.1999)). | 4 | 2009–2013 |
Watson v. State
green
2 sentences2010Id. 2010Id. | 4 | 2010–2010 |
Hopper v. State
green
2 sentences2026Once the Barker analysis is triggered, we then analyze the second part of the inquiry—“to what extent [the delay] stretches beyond this triggering length.” Hopper, 520 S.W.3d at 924 . 2025Once the Barker analysis is triggered, we must then analyze the second part of the inquiry—“to what extent it stretches beyond this triggering length.” Hopper, 520 S.W.3d at 924 . | 3 | 2024–2026 |
Davenport v. Garcia
green
2 sentences2015The Davenport court found, “By stopping not only the purported miscommunications but any communications, the broadly worded injunction certainly fails the second part of our test.” Id. at 11 . 2007Davenport, 834 S.W.2d at 11 . | 3 | 2007–2015 |
Florida v. Royer
green
2 sentences2014Florida v. Royer, 460 U.S. 491, 500 , 103 S.Ct. 1319, 1325 , 75 L.Ed.2d 229 (1983); Davis v. State, 947 S.W.2d 240, 245 (Tex.Crim.App.1997). 2014Florida v. Royer, 460 U.S. 491, 500 , 103 S.Ct. 1319, 1325 , 75 L.Ed.2d 229 (1983); Davis v. State, 947 S.W.2d 240, 245 (Tex.Crim.App.1997). | 3 | 2007–2014 |
Mendenhall v. State
green
2 sentences2013The court of appeals in Mendenhall stated that the second part of the test was that the defendant “did not know that his conduct was wrong or was incapable of conforming his conduct to the requirements of the law he allegedly violated.” 77 S.W.3d at 817 . 2013The court of appeals in Mendenhall stated that the second part of the test was that the defendant "did not know that his conduct was wrong or was incapable of conforming his conduct to the requirements of the law he allegedly violated." 77 S.W.3d at 817 . | 3 | 2013–2013 |
Wichita County, Texas v. Hart
green
2 sentences2010Id. 2010Id. | 3 | 2010–2010 |
Daniel W. Varel v. Banc One Capital Partners, Inc., Formerly Known as Mventure Corp.
green
2 sentences2003Varel, 55 F.3d at 1018 . 2003Varel, 55 F.3d at 1018 . | 3 | 2003–2003 |
Barker v. Wingo
green
2 sentences2025The complexity of the case is a consideration to determine the weight given to this factor. “[T]he delay that can be tolerated for an ordinary street crime is considerably less than for a serious, complex conspiracy charge.” Barker, 407 U.S. at 531 . 2024After the Barker analysis is triggered, we must then analyze the second part of the inquiry—“to what extent it stretches beyond this triggering length.” Hopper, 520 S.W.3d at 924 . 6 The complexity of the case is a consideration to determine the weight given to this factor. “[T]he delay that can be tolerated for an ordinary street crime is considerably less than for a serious, complex conspiracy charge.” Barker, 407 U.S. at 531 . | 2 | 2024–2025 |
| Howes v. Fields green | 2 | 2017–2019 |
| Prudholm v. State green | 2 | 2011–2016 |
| Brett Shipp v. Dr. Richard Malouf and Leanne Malouf green | 2 | 2015–2015 |
| Casey v. State green | 2 | 2012–2012 |
| Jay Paul Yzaguirre v. State green | 2 | 2012–2012 |
| Murphy v. State green | 2 | 2008–2008 |
| Montgomery v. State green | 2 | 2004–2004 |
| Joseph v. State green | 1 | 2026–2026 |
| Berghuis v. Thompkins green | 1 | 2026–2026 |
| Bridge v. State green | 1 | 2024–2024 |
| Marcopoulos, Andreas green | 1 | 2024–2024 |
| Brinegar v. United States green | 1 | 2024–2024 |
| Tyra v. State green | 1 | 2024–2024 |
| Dow Chemical Co. v. Francis green | 1 | 2023–2023 |
| William Earl Tutson v. State green | 1 | 2021–2021 |
| Osbourn v. State green | 1 | 2021–2021 |
| Roy v. State green | 1 | 2018–2018 |
| Cire v. Cummings green | 1 | 2016–2016 |
| Terry v. Ohio green | 1 | 2016–2016 |
| Anderson v. State green | 1 | 2016–2016 |
| Petroleum Solutions, Inc. v. Bill Head D/B/A Bill Head Enterprises and Titeflex, Inc. green | 1 | 2016–2016 |
| Benson, Yusulf Shaheed green | 1 | 2015–2015 |
| Taylor Milling Co. v. American Bag Co. green | 1 | 2015–2015 |
| Helicopteros Nacionales De Colombia, S. A. v. Hall green | 1 | 2015–2015 |
| Cain v. Bain green | 1 | 2015–2015 |
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.