appellant waived claim (Texas) · Go Syfert
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appellant waived claim in Texas

26 Texas opinions name it 3 courts 1962–2023 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 (16)

CaseFollowedCited
San Saba Energy, L.P. v. Crawfordgreen
texapp · 2005 · cited in 3 Texas opinions naming this issue, 2014–2015
2 sentences

2015Corp., No. 14- 12-00723-CV, 2014 WL 1673821 , at *5 (Tex. App.—Houston [14th Dist.] Apr. 24, 2014, no pet.) (mem. op.) (finding an appellant waived his challenge to the legal and factual sufficiency supporting the trial court’s finding by not providing any argument, analysis, or citations to the record or legal authority); San Saba Energy, L.P. v. Crawford, 171 S.W.3d 323, 338 (Tex. App.—Houston [14th Dist.] 2005, no pet.) (overruling an appellant’s issue as insufficiently argued where the appellant asserted only that there are additional grounds for reversal and that 4 I.

2015Corp., No. 14- 12-00723-CV, 2014 WL 1673821 , at *5 (Tex. App.—Houston [14th Dist.] Apr. 24, 2014, no pet.) (mem. op.) (finding an appellant waived his challenge to the legal and factual sufficiency supporting the trial court’s finding by not providing any argument, analysis, or citations to the record or legal authority); San Saba Energy, L.P. v. Crawford, 171 S.W.3d 323, 338 (Tex. App.—Houston [14th Dist.] 2005, no pet.) (overruling an appellant’s issue as insufficiently argued where the appellant asserted only that there are additional grounds for reversal and that 4 I.

33
Rocha v. Stategreen
texcrimapp · 2000 · cited in 3 Texas opinions naming this issue, 2003–2003
2 sentences

2003Beal v. State, 35 S.W.3d 677, 682 (Tex. App.–Houston [1st Dist.] 2000, no pet.) (holding that the appellant waived his claim of ineffective assistance by failing to accompany the allegations with citation to legal authority and explanation of his point); see Rocha v. State, 16 S.W.3d 1, 20 (Tex. Crim.

2003Beal v. State , 35 S.W.3d 677, 682 (Tex. App.–Houston [1 st Dist.] 2000, no pet.) (holding that the appellant waived his claim of ineffective assistance by failing to accompany the allegations with citation to legal authority and explanation of his point); see Rocha v. State , 16 S.W.3d 1, 20 (Tex. Crim.

33
Beal v. Stategreen
texapp · 2001 · cited in 3 Texas opinions naming this issue, 2003–2003
2 sentences

2003Beal v. State, 35 S.W.3d 677, 682 (Tex. App.–Houston [1st Dist.] 2000, no pet.) (holding that the appellant waived his claim of ineffective assistance by failing to accompany the allegations with citation to legal authority and explanation of his point); see Rocha v. State, 16 S.W.3d 1, 20 (Tex. Crim.

2003Beal v. State , 35 S.W.3d 677, 682 (Tex. App.–Houston [1 st Dist.] 2000, no pet.) (holding that the appellant waived his claim of ineffective assistance by failing to accompany the allegations with citation to legal authority and explanation of his point); see Rocha v. State , 16 S.W.3d 1, 20 (Tex. Crim.

33
Nhan Tu Hoang v. Stategreen
texapp · 1999 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023In Hoang, the court of appeals held that the appellant waived error as to his complaint concerning a comment the trial court made in front of the jury and, in any event, the judge’s statement did not convey his opinion on the evidence, imply approval of the State’s argument, indicate disbelief in the defendant’s position, or diminish the credibility of the defendant’s case. 997 S.W.2d at 680, 684 .

11
Woodall v. Stategreen
texapp · 2011 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019App. 2016) (holding that the appellant waived any complaints regarding the trial court’s statements made during voir dire); Woodall v. State, 350 S.W.3d 691, 695 (Tex. App.—Amarillo 2011, no pet.) (holding that the appellant waived error regarding the trial court’s personal questioning of prospective jurors who asserted that they would not be able to consider the full range of punishment).

11
Burt, Lemuel Carlgreen
texcrimapp · 2013 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Burt, 396 S.W.3d at 577–78 (observing that an “appellant fails to preserve error by failing to object 5 when he had the opportunity”); see also Idowu v. State, 73 S.W.3d 918, 921 (Tex. Crim.

11
O'Farrill Avila v. Gonzalezgreen
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015In re Ernst, No. 04-10-00319-CV, 2011 WL 192654 , at *3 (Tex. App.—San Antonio Jan. 12, 2011, no pet.) (mem. op.); O’Farrill v. Gonzales, 974 S.W.2d 237, 249-50 (Tex. App.—San Antonio 1998, pet. denied).

11
Idowu v. Stategreen
texcrimapp · 2002 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Burt, 396 S.W.3d at 577–78 (observing that an “appellant fails to preserve error by failing to object 5 when he had the opportunity”); see also Idowu v. State, 73 S.W.3d 918, 921 (Tex. Crim.

11
Cook v. Stategreen
texcrimapp · 1995 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Cook v. State, 902 S.W.2d 471 , object before trial.

11
Thacker v. Stategreen
texapp · 1999 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002App. 1991) (stating that the appellant, by not objecting on confrontation grounds until after out-of-court statement was admitted, appeared to have waived claim); Briggs v. State, 789 S.W.2d at 924 (holding that, by failing to object to object at trial, the appellant waived claim that admission of videotape violated right to confrontation); Thacker v. State, 999 S.W.2d 56, 61 (Tex. App.-Houston [14th Dist.] 1999, pet. ref'd) (holding that, by not objecting to hearsay testimony on Confrontation Clause grounds, defendant waived review of claim on appeal).

11
Briggs v. Stategreen
texcrimapp · 1990 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002App. 1991) (stating that the appellant, by not objecting on confrontation grounds until after out-of-court statement was admitted, appeared to have waived claim); Briggs v. State, 789 S.W.2d at 924 (holding that, by failing to object to object at trial, the appellant waived claim that admission of videotape violated right to confrontation); Thacker v. State, 999 S.W.2d 56, 61 (Tex. App.-Houston [14th Dist.] 1999, pet. ref'd) (holding that, by not objecting to hearsay testimony on Confrontation Clause grounds, defendant waived review of claim on appeal).

11
Oestrick v. Stategreen
texapp · 1997 · cited in 1 Texas opinions naming this issue, 1999–1999
2 sentences

1999The State and the dissent rely on Oestrick v. State, 939 S.W.2d 232, 235 (Tex.App.—Austin 1997, pet. ref'd), to support the proposition that the appellant waived a hearing because nothing indicates the appellant wanted to introduce evidence at the hearing, or that he was prevented from doing so.

1999The State and the dissent rely on Oestrick v. State, 939 S.W.2d 232, 235 (Tex. App.-Austin 1997, pet. ref'd), to support the proposition that the appellant waived a hearing because nothing indicates the appellant wanted to introduce evidence at the hearing, or that he was prevented from doing so.

11
HBA East, Ltd. v. JEA Boxing Co., Inc.green
texapp · 1990 · cited in 1 Texas opinions naming this issue, 1998–1998
1 sentence

1998See HBA East, Ltd. v. JEA Boxing Co., 796 S.W.2d 534, 538-39 (Tex.App.—Houston [1st Dist.] 1990, writ denied), cert. denied, 501 U.S. 1218 , 111 S.Ct. 2828 , 115 L.Ed.2d 998 (1991) (holding that the appellant waived his claim that he was denied prior notice of the hearing on a motion for default judgment because the issue was not first presented to the trial court).

11
HBA East Ltd. v. JEA Boxing Co.green
scotus · 1991 · cited in 1 Texas opinions naming this issue, 1998–1998
2 sentences

1998See HBA East, Ltd. v. JEA Boxing Co., 796 S.W.2d 534, 538-39 (Tex.App.—Houston [1st Dist.] 1990, writ denied), cert. denied, 501 U.S. 1218 , 111 S.Ct. 2828 , 115 L.Ed.2d 998 (1991) (holding that the appellant waived his claim that he was denied prior notice of the hearing on a motion for default judgment because the issue was not first presented to the trial court).

1998See HBA East, Ltd. v. JEA Boxing Co., 796 S.W.2d 534, 538-39 (Tex.App.—Houston [1st Dist.] 1990, writ denied), cert. denied, 501 U.S. 1218 , 111 S.Ct. 2828 , 115 L.Ed.2d 998 (1991) (holding that the appellant waived his claim that he was denied prior notice of the hearing on a motion for default judgment because the issue was not first presented to the trial court).

11
Union City Body Co., Inc. v. Ramirezgreen
texapp · 1995 · cited in 1 Texas opinions naming this issue, 1996–1996
1 sentence

1996We can only speculate as to his motives in not attending, but it is reasonable to conclude that had he been there to testily La-tham might have been forced to confirm Mathis’s testimony. .The majority says that "[wjhere a party is justifiably unaware of the need to object, his failure to object should not be deemed waiver.” 935 S.W.2d at 793 (Chapa, C.J.) But in Union City Body Co. v. Ramirez, 911 S.W.2d 196, 201 (Tex.App.—San Antonio 1995, no writ) (Chapa, C.J.) this court held that the appellant waived error when its objection to a surprise severance order wasn't made until the morning follo

11
Crocker v. Stategreen
texcrimapp · 1978 · cited in 1 Texas opinions naming this issue, 1988–1988
1 sentence

1988Crocker v. State, 573 S.W.2d 190, 201 (Tex.Crim.App.1978).

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 (16)

CaseCitedYears
Watts v. State green
texcrimapp · 2003
1 sentence

2023In Watts, the trial court directly addressed the jury right before the parties rested and before the charge was read, taking judicial notice of a Texas Court of Criminal Appeals case regarding the 20 “specific application of law to facts” in an unrelated case on a similar topic. 99 S.W.3d at 607 .

12023–2023
Barraza v. State green
texapp · 1987
2 sentences

2016The Appellant waived his claim of error by not making a timely objection when the State first mentioned the blood test results.................................................................... 41-47 Brief of Appellee Victoria County Criminal District Attorney No. 13-15-00514-CR i PRAYER .................................................................................................. 47 SIGNATURE ........................................................................................... 47 CERTIFICATE OF COMPLIANCE ................................................... 48 CERTIFICATE OF SERVICE

2016The Appellant waived his claim of error by not making a timely objection when the State first mentioned the blood test results.................................................................... 41-47 Brief of Appellee Victoria County Criminal District Attorney No. 13-15-00514-CR i PRAYER .................................................................................................. 47 SIGNATURE ........................................................................................... 47 CERTIFICATE OF COMPLIANCE ................................................... 48 CERTIFICATE OF SERVICE

12016–2016
Adams v. State green
texapp · 2005
2 sentences

2016The Appellant waived his claim of error by not making a timely objection when the State first mentioned the blood test results.................................................................... 41-47 Brief of Appellee Victoria County Criminal District Attorney No. 13-15-00514-CR i PRAYER .................................................................................................. 47 SIGNATURE ........................................................................................... 47 CERTIFICATE OF COMPLIANCE ................................................... 48 CERTIFICATE OF SERVICE

2016The Appellant waived his claim of error by not making a timely objection when the State first mentioned the blood test results.................................................................... 41-47 Brief of Appellee Victoria County Criminal District Attorney No. 13-15-00514-CR i PRAYER .................................................................................................. 47 SIGNATURE ........................................................................................... 47 CERTIFICATE OF COMPLIANCE ................................................... 48 CERTIFICATE OF SERVICE

12016–2016
Dixon v. State green
texcrimapp · 1999
1 sentence

2016App. 1990) .............................................. 36 Berry v. State, 13-01-241-CR, 2002 WL 406978 (Tex. App.-Corpus Christi 2002, no pet) (not designated for publication) ............................................................ 28 Decker v. State, 894 S.W. 2d 475 (Tex. App.-Austin 1995, pet. ref’d) ....................................................... 29 Dixon v. State, 2 S.W. 3d 263 (Tex. Crim.

12016–2016
Barraza v. State green
texcrimapp · 1990
2 sentences

2016The Appellant waived his claim of error by not making a timely objection when the State first mentioned the blood test results.................................................................... 41-47 Brief of Appellee Victoria County Criminal District Attorney No. 13-15-00514-CR i PRAYER .................................................................................................. 47 SIGNATURE ........................................................................................... 47 CERTIFICATE OF COMPLIANCE ................................................... 48 CERTIFICATE OF SERVICE

2016The Appellant waived his claim of error by not making a timely objection when the State first mentioned the blood test results.................................................................... 41-47 Brief of Appellee Victoria County Criminal District Attorney No. 13-15-00514-CR i PRAYER .................................................................................................. 47 SIGNATURE ........................................................................................... 47 CERTIFICATE OF COMPLIANCE ................................................... 48 CERTIFICATE OF SERVICE

12016–2016
Decker v. State green
texapp · 1995
1 sentence

2016App. 1990) .............................................. 36 Berry v. State, 13-01-241-CR, 2002 WL 406978 (Tex. App.-Corpus Christi 2002, no pet) (not designated for publication) ............................................................ 28 Decker v. State, 894 S.W. 2d 475 (Tex. App.-Austin 1995, pet. ref’d) ....................................................... 29 Dixon v. State, 2 S.W. 3d 263 (Tex. Crim.

12016–2016
Gonzalez v. State green
texcrimapp · 2000
1 sentence

2015Id. at 645-46 . 14 In this case, Appellant has likewise failed to present a record which shows on its face a "multiple punishments" double jeopardy violation.

12015–2015
Sauceda v. State green
texcrimapp · 2004
1 sentence

2005Id. at 120 .

12005–2005
Masi v. Scheel green
texapp · 1987
2 sentences

1997Id.

1997Id.

11997–1997
DeGarmo v. State red
texcrimapp · 1985
1 sentence

1997McGlothlin, 896 S.W.2d at 186 ; DeGarmo, 691 S.W.2d at 661 .

11997–1997
McGlothlin v. State green
texcrimapp · 1995
1 sentence

1997McGlothlin, 896 S.W.2d at 186 ; DeGarmo, 691 S.W.2d at 661 .

11997–1997
Duron v. State green
texapp · 1996
2 sentences

1997Duron v. State, 915 S.W.2d 920 (Tex.App.—Houston [1st] 1996).

1997Duron v. State, 915 S.W.2d 920 (Tex.App.—Houston [1st] 1996).

11997–1997
Wiltz v. State green
texapp · 1990
2 sentences

1993The court disagreed, and held, “[t]he error occurred not during the trial, but at the time the court used the conviction to enhance the punishment beyond that authorized by law.” Id. at 513 .

1993In Wiltz v. State, 787 S.W.2d 511 (Tex.App.-Houston [1st Dist.] 1990, no pet.), the State argued that the appellant waived error by not timely objecting to the indictment before the commencement of the trial.

11993–1993
Hill v. Robinson green
texapp · 1979
1 sentence

1993Hill, 592 S.W.2d at 385 .

11993–1993
Johnson v. State green
texcrimapp · 1980
11987–1987
Younger Brothers, Inc. v. Myers green
tex · 1959
11962–1962

Statutes the citing opinions construe

TX § Tex. Penal Code § 19.03 (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

PA 79 (2000–2026) TX 26 (1962–2023) NY 10 (1888–2016) MO 6 (1910–2024) AR 3 (1986–2026) FL 3 (2006–2025) IN 3 (2006–2019) GA 2 (2022–2025) CA 2 (1921–1942) TN 2 (2004–2020) VA 2 (2019–2022) KY 2 (1926–1952) AL 2 (1995–2000)

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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