appellant waived any error (Texas) · Go Syfert
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appellant waived any error in Texas

26 Texas opinions name it 3 courts 1970–2024 2 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 (20)

CaseFollowedCited
Ryan Matthew Stairhime v. Stategreen
texapp · 2014 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015The intermediate appellate court had held that the appellant waived any error related to the trial court’s sustaining the State’s objections to some of his voir dire questions when, “at the end of voir dire, the trial court asked, ‘Does either side have an objection to the panel or as to the jury as selected?’ [and] [b]oth Appellant and the State responded, ‘No, Your Honor.’” Id. at 902–03 (quoting Stairhime v. State, 439 S.W.3d 499, 507 (Tex. App.—Houston [1st Dist.] 2014), rev’d, 463 S.W.3d 902 .

2015The intermediate appellate court had held that the appellant waived any error related to the trial court’s sustaining the State’s objections to some of his voir dire questions when, “at the end of voir dire, the trial court asked, ‘Does either side have an objection to the panel or as to the jury as selected?’ [and] [b]oth Appellant and the State responded, ‘No, Your Honor.’” Id. at 902–03 (quoting Stairhime v. State, 439 S.W.3d 499, 507 (Tex. App.—Houston [1st Dist.] 2014), rev’d, 463 S.W.3d 902 .

22
Luna v. Southern Pacific Transportation Co.green
tex · 1987 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009Co., 724 S.W.2d 383, 384 (Tex. 1987) (holding that a challenge on appeal to the apportionment of damages in a judgment was waived by failing to object to the judgment in the trial court); Dal-Chrome Co. v. Brenntag Sw., Inc., 183 S.W.3d 133, 145 (Tex. App.—Dallas 2006, no pet.); see also Karenev v. Kareneva, No. 02-06-00269-CV, 2008 WL 755285 , at *7 (Tex. App.—Fort Worth Mar. 20, 2008, no pet.) (mem. op.) (holding that the appellant waived any error about the characterization of child support awards by failing to file a post-judgment 25 motion such as a motion for new trial or a motion to ame

2009Co. , 724 S.W.2d 383, 384 (Tex. 1987) (holding that a challenge on appeal to the apportionment of damages in a judgment was waived by failing to object to the judgment in the trial court); Dal-Chrome Co. v. Brenntag Sw., Inc. , 183 S.W.3d 133, 145 (Tex. App.—Dallas 2006, no pet.); see also Karenev v. Kareneva , No. 02-06-00269-CV, 2008 WL 755285 , at *7 (Tex. App.—Fort Worth Mar. 20, 2008, no pet.) (mem. op.) (holding that the appellant waived any error about the characterization of child support awards by failing to file a post-judgment motion such as a motion for new trial or a motion to ame

22
Dal-Chrome Co. v. Brenntag Southwest, Inc.green
texapp · 2006 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009Co., 724 S.W.2d 383, 384 (Tex. 1987) (holding that a challenge on appeal to the apportionment of damages in a judgment was waived by failing to object to the judgment in the trial court); Dal-Chrome Co. v. Brenntag Sw., Inc., 183 S.W.3d 133, 145 (Tex. App.—Dallas 2006, no pet.); see also Karenev v. Kareneva, No. 02-06-00269-CV, 2008 WL 755285 , at *7 (Tex. App.—Fort Worth Mar. 20, 2008, no pet.) (mem. op.) (holding that the appellant waived any error about the characterization of child support awards by failing to file a post-judgment 25 motion such as a motion for new trial or a motion to ame

2009Co. , 724 S.W.2d 383, 384 (Tex. 1987) (holding that a challenge on appeal to the apportionment of damages in a judgment was waived by failing to object to the judgment in the trial court); Dal-Chrome Co. v. Brenntag Sw., Inc. , 183 S.W.3d 133, 145 (Tex. App.—Dallas 2006, no pet.); see also Karenev v. Kareneva , No. 02-06-00269-CV, 2008 WL 755285 , at *7 (Tex. App.—Fort Worth Mar. 20, 2008, no pet.) (mem. op.) (holding that the appellant waived any error about the characterization of child support awards by failing to file a post-judgment motion such as a motion for new trial or a motion to ame

22
Lindley v. Stategreen
texcrimapp · 1982 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Rodriguez v. State, 630 S.W.3d 522 , 524–25 (Tex. App.—Waco 2021, no pet.) (holding that the appellant waived his Article 39.14 complaint regarding a late- disclosed arrest warrant by failing to request a continuance); Ray v. State, No. 10-17- 00394-CR, 2018 WL 4926215 , *6 (Tex. App.—Waco Oct. 10, 2018, pet. ref’d) (mem. op., not designated for publication) (holding that the appellant waived any violation of Article 39.14(h) by failing to request a continuance); see also Lindsey v. State, 635 S.W.2d 541, 544 (Tex. Crim.

11
Higdon v. Stategreen
texapp · 1988 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020In Higdon v. State, 764 S.W.2d 308, 310 (Tex. App.—Houston [1st Dist.] 1988, pet. ref’d), the appellant waived any error in the trial court’s article 36.28 procedure at the time the transcript in question was offered to the jury.

11
Ryan v. Stategreen
texapp · 1996 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015“When a motion for new trial is presented to the trial court, the burden of ensuring that the hearing thereon is set for a date within the trial court's jurisdiction is properly placed on the party presenting the motion.” Crowell v. State, 949 S.W.2d 37, 38 (Tex. App.—San Antonio 1997, no pet.); see also Ryan v. State, 937 S.W.2d 93, 97 (Tex. App.—Beaumont 1996, pet. ref’d) (holding it was incumbent upon the appellant to obtain a hearing prior to the 75-day deadline; noting that there was nothing in the record to indicate any efforts by the appellant to obtain a hearing prior to the deadline);

11
Johnson v. Stategreen
texapp · 1996 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015“When a motion for new trial is presented to the trial court, the burden of ensuring that the hearing thereon is set for a date within the trial court's jurisdiction is properly placed on the party presenting the motion.” Crowell v. State, 949 S.W.2d 37, 38 (Tex. App.—San Antonio 1997, no pet.); see also Ryan v. State, 937 S.W.2d 93, 97 (Tex. App.—Beaumont 1996, pet. ref’d) (holding it was incumbent upon the appellant to obtain a hearing prior to the 75-day deadline; noting that there was nothing in the record to indicate any efforts by the appellant to obtain a hearing prior to the deadline);

11
Crowell v. Stategreen
texapp · 1997 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015“When a motion for new trial is presented to the trial court, the burden of ensuring that the hearing thereon is set for a date within the trial court's jurisdiction is properly placed on the party presenting the motion.” Crowell v. State, 949 S.W.2d 37, 38 (Tex. App.—San Antonio 1997, no pet.); see also Ryan v. State, 937 S.W.2d 93, 97 (Tex. App.—Beaumont 1996, pet. ref’d) (holding it was incumbent upon the appellant to obtain a hearing prior to the 75-day deadline; noting that there was nothing in the record to indicate any efforts by the appellant to obtain a hearing prior to the deadline);

11
Ethington v. Stategreen
texcrimapp · 1991 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Ethington v. State, 819 S.W.2d 854, 858 (Tex. Crim.

11
Burns v. Stategreen
texapp · 1992 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013App. 1982) (op. on second reh’g) (noting waiver when trial counsel fails to object to procedural deficiencies regarding a second hearing addressing a probation revocation); Burns v. State, 835 S.W.2d 733, 735 (Tex. App.—Corpus Christi 1992, pet. ref’d) (holding that the appellant waived any error 1 While Jefferson cites Crockett v. State, 840 S.W.2d 160 (Tex. App.— Houston [1st Dist.] 1992, no pet.) as support for his argument, the defendant in Crockett preserved error by filing two motions to quash the amended motion to revoke.

11
Mark Edward Prince v. Stategreen
texapp · 2004 · cited in 1 Texas opinions naming this issue, 2011–2011
1 sentence

2011See Prince, 137 S.W.3d at 888 (error waived where record did not contain ruling on motion to quash, the appellant waived any error).

11
Rodarte v. Investeco Group, L.L.C.green
texapp · 2009 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010Rodarte v. Investeco Group, L.L.C. , 299 S.W.3d 400, 412 (Tex. App.—Houston [14th Dist.] 2009, no pet.); see Tex. R.

11
Bush v. Stategreen
texapp · 1988 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010P. 33.1(a)(1)(A); Bush v. State, 762 S.W.2d 353, 355 (Tex. App.—Fort Worth 1988, no pet.) (holding the appellant waived any error by failing to request an instruction to disregard the trial judge’s comment).

11
Land v. AT & S Transportation, Inc.green
texapp · 1997 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008He cites Land v. AT & S Transp ., 947 S.W.2d 665, 666-67 (Tex. App.-Austin, 1997, no pet.), a sanctions case under Rule 13, which held that the appellant waived any error by failing to object to the form of the order or requesting more particularity in the order.

11
May v. Stategreen
texcrimapp · 1987 · cited in 1 Texas opinions naming this issue, 1999–1999
1 sentence

1999May v. State , 738 S.W.2d 261, 272 (Tex. Crim.

11
Collier v. Stategreen
texcrimapp · 1997 · cited in 1 Texas opinions naming this issue, 1998–1998
1 sentence

1998See Tex.R.App.P. 33.1(a)(1)(A) (the record must show the complaint was made to the trial court with sufficient specificity to make the trial court aware of the basis for the complaint); Collier v. State, 959 S.W.2d 621, 626 (Tex.Crim.App.1997); Rushing v. State, 962 S.W.2d 100 , 102 n. 2 (Tex.App.—Houston [1st Dist.] 1997, pet. refd).

11
Ex Parte Crispengreen
texcrimapp · 1989 · cited in 1 Texas opinions naming this issue, 1993–1993
1 sentence

1993Ex Parte Crispen, 777 S.W.2d 103, 105 (Tex.Crim.App.1989).

11
Losada v. Stategreen
texcrimapp · 1986 · cited in 1 Texas opinions naming this issue, 1993–1993
1 sentence

1993See Losada v. State, 721 S.W.2d 305, 313 (Tex.Crim.App.1986).

11
Nichols v. Stategreen
texcrimapp · 1988 · cited in 1 Texas opinions naming this issue, 1991–1991
11
Gray v. Stategreen
texapp · 1982 · cited in 1 Texas opinions naming this issue, 1986–1986
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 (20)

CaseCitedYears
Stairhime, Ryan Matthew green
texcrimapp · 2015
2 sentences

2015The intermediate appellate court had held that the appellant waived any error related to the trial court’s sustaining the State’s objections to some of his voir dire questions when, “at the end of voir dire, the trial court asked, ‘Does either side have an objection to the panel or as to the jury as selected?’ [and] [b]oth Appellant and the State responded, ‘No, Your Honor.’” Id. at 902–03 (quoting Stairhime v. State, 439 S.W.3d 499, 507 (Tex. App.—Houston [1st Dist.] 2014), rev’d, 463 S.W.3d 902 .

2015The intermediate appellate court had held that the appellant waived any error related to the trial court’s sustaining the State’s objections to some of his voir dire questions when, “at the end of voir dire, the trial court asked, ‘Does either side have an objection to the panel or as to the jury as selected?’ [and] [b]oth Appellant and the State responded, ‘No, Your Honor.’” Id. at 902–03 (quoting Stairhime v. State, 439 S.W.3d 499, 507 (Tex. App.—Houston [1st Dist.] 2014), rev’d, 463 S.W.3d 902 .

22015–2015
Thomas, Heather green
texcrimapp · 2013
2 sentences

2015In reversing the Court of Appeals’ judgment, the Court of Criminal Appeals emphasized that the rule set forth in Thomas requires the appellate court, when assessing the meaning of an attorney’s statement that he or she has “no objection” in regard to a matter that may have been previously considered and ruled on, [to] ask whether “the record as a whole plainly demonstrates that the defendant did not intend, nor did the trial court construe, his ‘no objection’ statement to 23 constitute an abandonment of a claim of error that he had earlier preserved for appeal.” Stairhime, 463 S.W.3d at 906 (q

2015In reversing the Court of Appeals’ judgment, the Court of Criminal Appeals emphasized that the rule set forth in Thomas requires the appellate court, when assessing the meaning of an attorney’s statement that he or she has “no objection” in regard to a matter that may have been previously considered and ruled on, [to] ask whether “the record as a whole plainly demonstrates that the defendant did not intend, nor did the trial court construe, his ‘no objection’ statement to 23 constitute an abandonment of a claim of error that he had earlier preserved for appeal.” Stairhime, 463 S.W.3d at 906 (q

22015–2015
Trevino v. State green
texapp · 2005
1 sentence

2021P. 33.1(a); Smith, 721 S.W.2d at 855 ; Trevino, 174 S.W.3d at 927–28; see also Nieves- Perez v. State, No. 12-19-00389-CR, 2021 WL 1047209 , at *3 (Tex. App.—Tyler Mar. 18, 20 2021, pet. ref’d) (mem. op., not designated for publication) (affirming a life sentence for a conviction for engaging in organized criminal activity for credit card skimming where the appellant failed to preserve the issue of disproportionality for review and the sentence fell within the statutory punishment range); Johnson v. State, No. 13-15-00420-CR, 2016 WL 3911231 , at *2 (Tex. App.—Corpus Christi–Edinburg July 14,

12021–2021
Smith v. State green
texcrimapp · 1986
1 sentence

2021P. 33.1(a); Smith, 721 S.W.2d at 855 ; Trevino, 174 S.W.3d at 927–28; see also Nieves- Perez v. State, No. 12-19-00389-CR, 2021 WL 1047209 , at *3 (Tex. App.—Tyler Mar. 18, 20 2021, pet. ref’d) (mem. op., not designated for publication) (affirming a life sentence for a conviction for engaging in organized criminal activity for credit card skimming where the appellant failed to preserve the issue of disproportionality for review and the sentence fell within the statutory punishment range); Johnson v. State, No. 13-15-00420-CR, 2016 WL 3911231 , at *2 (Tex. App.—Corpus Christi–Edinburg July 14,

12021–2021
Baker v. State green
texcrimapp · 1997
1 sentence

2015The appellant was not entitled to a hearing based on the allegations that trial counsel failed to investigate and present mitigating evidence during the punishment hearing in his motion for new trial. ................................................... 9 CONCLUSION ......................................................................................................................... 15 CERTIFICATE OF SERVICE AND COMPLIANCE ......................................................16 ii INDEX OF AUTHORITIES CASES Baker v. State, 956 S.W.2d 19 (Tex. Crim.

12015–2015
Crockett v. State green
texapp · 1992
2 sentences

2013App. 1982) (op. on second reh’g) (noting waiver when trial counsel fails to object to procedural deficiencies regarding a second hearing addressing a probation revocation); Burns v. State, 835 S.W.2d 733, 735 (Tex. App.—Corpus Christi 1992, pet. ref’d) (holding that the appellant waived any error 1 While Jefferson cites Crockett v. State, 840 S.W.2d 160 (Tex. App.— Houston [1st Dist.] 1992, no pet.) as support for his argument, the defendant in Crockett preserved error by filing two motions to quash the amended motion to revoke.

2013Id. at 162 . 5 by failing to object at the beginning of the hearing when the State moved to amend the motion to revoke).

12013–2013
Unkart, Rodney Gale green
texcrimapp · 2013
1 sentence

2013After distinguishing Blue , the court in Un-kart held that the appellant waived any error by failing to object and request an instruction to disregard because any residual harm “would have been cured by a timely instruction to disregard the specific comments that appellant found objectionable.” Id.

12013–2013
Green v. State green
texcrimapp · 1995
1 sentence

2010Id.

12010–2010
Rushing v. State green
texapp · 1997
1 sentence

1998See Tex.R.App.P. 33.1(a)(1)(A) (the record must show the complaint was made to the trial court with sufficient specificity to make the trial court aware of the basis for the complaint); Collier v. State, 959 S.W.2d 621, 626 (Tex.Crim.App.1997); Rushing v. State, 962 S.W.2d 100 , 102 n. 2 (Tex.App.—Houston [1st Dist.] 1997, pet. refd).

11998–1998
Enmund v. Florida green
scotus · 1982
2 sentences

1993Tison v. Arizona, 481 U.S. 137 , 107 S.Ct. 1676 , 95 L.Ed.2d 127 (1987); Enmund v. Florida, 458 U.S. 782 , 102 S.Ct. 3368 , 73 L.Ed.2d 1140 (1982).

1993Tison v. Arizona, 481 U.S. 137 , 107 S.Ct. 1676 , 95 L.Ed.2d 127 (1987); Enmund v. Florida, 458 U.S. 782 , 102 S.Ct. 3368 , 73 L.Ed.2d 1140 (1982).

11993–1993
Dewberry v. State green
texcrimapp · 1989
1 sentence

1993Id. [11] The Houston Chronicle article indicated that appellant and one accomplice killed the other accomplice subsequent to the offense. [12] Arguably the appellant waived any error in Romano's continued jury service when the trial judge offered appellant the option of proceeding with an alternate juror, and appellant's counsel answered "We'll keep her." See, e.g., Barney v. State, 698 S.W.2d 114 (Tex.Crim.App.1985); Brooks v. State, 642 S.W.2d 791 (Tex.Crim.App. 1982). [13] At trial the State presented evidence that appellant had committed several felonies in addition to the murder of Steven

11993–1993
Barney v. State green
texcrimapp · 1985
11993–1993
Brooks v. State green
texcrimapp · 1982
11993–1993
Tison v. Arizona green
scotus · 1987
2 sentences

1993Tison v. Arizona, 481 U.S. 137 , 107 S.Ct. 1676 , 95 L.Ed.2d 127 (1987); Enmund v. Florida, 458 U.S. 782 , 102 S.Ct. 3368 , 73 L.Ed.2d 1140 (1982).

1993Tison v. Arizona, 481 U.S. 137 , 107 S.Ct. 1676 , 95 L.Ed.2d 127 (1987); Enmund v. Florida, 458 U.S. 782 , 102 S.Ct. 3368 , 73 L.Ed.2d 1140 (1982).

11993–1993
Carroll v. Moore green
scotus · 1989
11991–1991
Turner v. State green
texcrimapp · 1981
11988–1988
O'DELL v. State green
texcrimapp · 1971
11986–1986
Freeman v. State green
texcrimapp · 1977
11984–1984
Estelle v. Smith green
scotus · 1981
11983–1983
Dillingham v. Dillingham green
texapp · 1968
11970–1970

Where else courts name it

TX 26 (1970–2024) GA 8 (1986–2026) OH 7 (2004–2025) FL 4 (1988–2011) NY 4 (1997–2010) PA 3 (2017–2020) OK 2 (1982–1986) IN 2 (2012–2012) WY 2 (2013–2013)

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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