consistent rule (Texas) · Go Syfert
← Texas issues

consistent rule in Texas

26 Texas opinions name it 3 courts 1948–2025 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 (16)

CaseFollowedCited
Gaeth v. Deacongreen
me · 2009 · cited in 3 Texas opinions naming this issue, 2009–2009
2 sentences

2009See Meshwerks, Inc. v. Toyota Motor Sales U.S.A., Inc., 528 F.3d 1258, 1261 (10th Cir.2008) (noting that advertisements occurred in “various print, online, and television media”), cert. denied, — U.S.-, 129 S.Ct. 1006 , 173 L.Ed.2d 294 (2009); Belo Corp., 512 F.3d at 144 (explaining that while there are differences between print media and the internet, “the similarities between the two media support application of a consistent rule”); Gaeth v. Deacon, 964 A.2d 621, 627 (Me.2009) (stating that “an increasingly greater portion of the population obtains more of its information through television,

2009See Meshwerks, Inc. v. Toyota Motor Sales U.S.A., Inc. , 528 F.3d 1258, 1261 (10th Cir. 2008) (noting that advertisements occurred in “various print, online, and television media”), cert. denied , 129 S. Ct. 1006 (2009); Belo Corp. , 512 F.3d at 144 (explaining that while there are differences between print media and the internet, “the similarities between the two media support application of a consistent rule”); Gaeth v. Deacon , 964 A.2d 621, 627 (Me. 2009) (stating that “an increasingly greater portion of the population obtains more of its information through television, the Internet, and o

33
Meshwerks, Inc. v. Toyota Motor Sales U.S.A., Inc.green
ca10 · 2008 · cited in 3 Texas opinions naming this issue, 2009–2009
2 sentences

2009See Meshwerks, Inc. v. Toyota Motor Sales U.S.A., Inc., 528 F.3d 1258, 1261 (10th Cir.2008) (noting that advertisements occurred in “various print, online, and television media”), cert. denied, — U.S.-, 129 S.Ct. 1006 , 173 L.Ed.2d 294 (2009); Belo Corp., 512 F.3d at 144 (explaining that while there are differences between print media and the internet, “the similarities between the two media support application of a consistent rule”); Gaeth v. Deacon, 964 A.2d 621, 627 (Me.2009) (stating that “an increasingly greater portion of the population obtains more of its information through television,

2009See Meshwerks, Inc. v. Toyota Motor Sales U.S.A., Inc. , 528 F.3d 1258, 1261 (10th Cir. 2008) (noting that advertisements occurred in “various print, online, and television media”), cert. denied , 129 S. Ct. 1006 (2009); Belo Corp. , 512 F.3d at 144 (explaining that while there are differences between print media and the internet, “the similarities between the two media support application of a consistent rule”); Gaeth v. Deacon , 964 A.2d 621, 627 (Me. 2009) (stating that “an increasingly greater portion of the population obtains more of its information through television, the Internet, and o

33
Sims v. Stategreen
ga · 2005 · cited in 3 Texas opinions naming this issue, 2009–2009
2 sentences

2009See also Sims v. State, 279 Ga. 389 , 614 S.E.2d 73, 77 (2005) (“The factors to consider in determining a defendant’s capability to assist in his defense include whether the defendant can adequately consult with others, knows the names and functions of those involved with the case, and reasonably understands the rules, the specific charges, the penalties and the consequences of the proceedings.”); State v. Snyder, 750 So.2d 832, 852 (La.1999) ("The facts to consider in determining a defendant's ability to assist in his defense include: whether he is able to recall and relate facts pertaining t

2009See also Sims v. State, 279 Ga. 389 , 614 S.E.2d 73, 77 (2005) (“The factors to consider in determining a defendant’s capability to assist in his defense include whether the defendant can adequately consult with others, knows the names and functions of those involved with the case, and reasonably understands the rules, the specific charges, the penalties and the consequences of the proceedings.”); State v. Snyder, 750 So.2d 832, 852 (La.1999) ("The facts to consider in determining a defendant's ability to assist in his defense include: whether he is able to recall and relate facts pertaining t

33
State v. Snydergreen
la · 1999 · cited in 3 Texas opinions naming this issue, 2009–2009
2 sentences

2009See also Sims v. State, 279 Ga. 389 , 614 S.E.2d 73, 77 (2005) ("The factors to consider in determining a defendant's capability to assist in his defense include whether the defendant can adequately consult with others, knows the names and functions of those involved with the case, and reasonably understands the rules, the specific charges, the penalties and the consequences of the proceedings."); State v. Snyder, 750 So.2d 832, 852 (La. 1999) ("The facts to consider in determining a defendant's ability to assist in his defense include: whether he is able to recall and relate facts pertaining

2009See also Sims v. State, 279 Ga. 389 , 614 S.E.2d 73, 77 (2005) (“The factors to consider in determining a defendant’s capability to assist in his defense include whether the defendant can adequately consult with others, knows the names and functions of those involved with the case, and reasonably understands the rules, the specific charges, the penalties and the consequences of the proceedings.”); State v. Snyder, 750 So.2d 832, 852 (La.1999) ("The facts to consider in determining a defendant's ability to assist in his defense include: whether he is able to recall and relate facts pertaining t

33
Nationwide Bi-Weekly Administration, Inc. v. Belo Corp.green
ca5 · 2007 · cited in 3 Texas opinions naming this issue, 2009–2009
2 sentences

2009See Meshwerks, Inc. v. Toyota Motor Sales U.S.A., Inc., 528 F.3d 1258, 1261 (10th Cir.2008) (noting that advertisements occurred in “various print, online, and television media”), cert. denied, — U.S.-, 129 S.Ct. 1006 , 173 L.Ed.2d 294 (2009); Belo Corp., 512 F.3d at 144 (explaining that while there are differences between print media and the internet, “the similarities between the two media support application of a consistent rule”); Gaeth v. Deacon, 964 A.2d 621, 627 (Me.2009) (stating that “an increasingly greater portion of the population obtains more of its information through television,

2009See Meshwerks, Inc. v. Toyota Motor Sales U.S.A., Inc. , 528 F.3d 1258, 1261 (10th Cir. 2008) (noting that advertisements occurred in “various print, online, and television media”), cert. denied , 129 S. Ct. 1006 (2009); Belo Corp. , 512 F.3d at 144 (explaining that while there are differences between print media and the internet, “the similarities between the two media support application of a consistent rule”); Gaeth v. Deacon , 964 A.2d 621, 627 (Me. 2009) (stating that “an increasingly greater portion of the population obtains more of its information through television, the Internet, and o

33
People v. Palmergreen
colo · 2001 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009See also Sims v. State, 279 Ga. 389 , 614 S.E.2d 73, 77 (2005) ("The factors to consider in determining a defendant's capability to assist in his defense include whether the defendant can adequately consult with others, knows the names and functions of those involved with the case, and reasonably understands the rules, the specific charges, the penalties and the consequences of the proceedings."); State v. Snyder, 750 So.2d 832, 852 (La. 1999) ("The facts to consider in determining a defendant's ability to assist in his defense include: whether he is able to recall and relate facts pertaining

2009See People v. Palmer, 31 P.3d 863, 865 (Colo.2001). .

22
Riggins v. Nevadagreen
scotus · 1992 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009See also Sims v. State, 279 Ga. 389 , 614 S.E.2d 73, 77 (2005) (“The factors to consider in determining a defendant’s capability to assist in his defense include whether the defendant can adequately consult with others, knows the names and functions of those involved with the case, and reasonably understands the rules, the specific charges, the penalties and the consequences of the proceedings.”); State v. Snyder, 750 So.2d 832, 852 (La.1999) ("The facts to consider in determining a defendant's ability to assist in his defense include: whether he is able to recall and relate facts pertaining t

2009See also Sims v. State, 279 Ga. 389 , 614 S.E.2d 73, 77 (2005) (“The factors to consider in determining a defendant’s capability to assist in his defense include whether the defendant can adequately consult with others, knows the names and functions of those involved with the case, and reasonably understands the rules, the specific charges, the penalties and the consequences of the proceedings.”); State v. Snyder, 750 So.2d 832, 852 (La.1999) ("The facts to consider in determining a defendant's ability to assist in his defense include: whether he is able to recall and relate facts pertaining t

12
Cooper v. Oklahomagreen
scotus · 1996 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009See also Sims v. State, 279 Ga. 389 , 614 S.E.2d 73, 77 (2005) (“The factors to consider in determining a defendant’s capability to assist in his defense include whether the defendant can adequately consult with others, knows the names and functions of those involved with the case, and reasonably understands the rules, the specific charges, the penalties and the consequences of the proceedings.”); State v. Snyder, 750 So.2d 832, 852 (La.1999) ("The facts to consider in determining a defendant's ability to assist in his defense include: whether he is able to recall and relate facts pertaining t

2009See also Sims v. State, 279 Ga. 389 , 614 S.E.2d 73, 77 (2005) (“The factors to consider in determining a defendant’s capability to assist in his defense include whether the defendant can adequately consult with others, knows the names and functions of those involved with the case, and reasonably understands the rules, the specific charges, the penalties and the consequences of the proceedings.”); State v. Snyder, 750 So.2d 832, 852 (La.1999) ("The facts to consider in determining a defendant's ability to assist in his defense include: whether he is able to recall and relate facts pertaining t

12
Williams v. Dardennegreen
texapp · 2011 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025“This is consistent with the principle that a party who has actual knowledge of specific facts cannot have [justifiably] relied on a misrepresentation of the same facts.” Williams v. Dardenne, 345 S.W.3d 118, 126 (Tex. App.—Houston [1st Dist.] 2011, pet. denied); see Mead v. Gray, No. 02-16-00177-CV, 2017 WL 1738066 , at *2 (Tex. App.—Fort Worth May 4, 2017, pet. denied) (mem. op.).

11
National Industrial Sand Ass'n v. Gibsongreen
tex · 1995 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Sand Ass'n v. Gibson, 897 S.W.2d 769, 772 (Tex. 1995).

11
EnergyNorth Natural Gas, Inc. v. Underwriters at Lloyd'sgreen
nh · 2004 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008Co. of N.Y., 523 N.W.2d 657, 662 (Minn.1994) (stating that “Minnesota follows the ‘actual injury’ or ‘injury-in-fact’ theory to determine which policies have been triggered by an occurrence causing damages” because "this theory is the most consistent with standard CGL policy language”); EnergyNorth Natural Gas, 848 A.2d at 719-23 (applying injury-in-fact rule to occurrence-based CGL policies); Kief Farmers Coop.

11
Northern States Power Co. v. Fidelity & Casualty Co. of New Yorkgreen
minn · 1994 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008Co. of N.Y., 523 N.W.2d 657, 662 (Minn.1994) (stating that “Minnesota follows the ‘actual injury’ or ‘injury-in-fact’ theory to determine which policies have been triggered by an occurrence causing damages” because "this theory is the most consistent with standard CGL policy language”); EnergyNorth Natural Gas, 848 A.2d at 719-23 (applying injury-in-fact rule to occurrence-based CGL policies); Kief Farmers Coop.

11
Terry v. Ohiogreen
scotus · 1968 · cited in 1 Texas opinions naming this issue, 1995–1995
2 sentences

1995This is consistent with the standard established by the Supreme Court in Terry. 392 U.S. at 21 , 88 S.Ct. at 1880 (employing an objective determination of whether, under the circumstances, the particular intrusion was reasonable based on the specific, articulable facts possessed by the police officer).

1995This is consistent with the standard established by the Supreme Court in Terry. 392 U.S. at 21 , 88 S.Ct. at 1880 (employing an objective determination of whether, under the circumstances, the particular intrusion was reasonable based on the specific, articulable facts possessed by the police officer).

11
Lumbermens Mutual Casualty Co. v. Shawgreen
texapp · 1984 · cited in 1 Texas opinions naming this issue, 1990–1990
1 sentence

1990See Shaw, 684 S.W.2d at 196 ; Spann, 632 S.W.2d at 908 .

11
Myre v. Stategreen
texcrimapp · 1977 · cited in 1 Texas opinions naming this issue, 1987–1987
1 sentence

1987“It has been the consistent rule for many years that an accused may not take the witness stand before a jury for a limited purpose.” Myre v. State, 545 S.W.2d 820, 825 (Tex.Crim.App.1977).

11
Hernandez v. Stategreen
texcrimapp · 1952 · cited in 1 Texas opinions naming this issue, 1955–1955
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 (18)

CaseCitedYears
Snyder v. Louisiana green
scotus · 2008
2 sentences

2009See also Sims v. State, 279 Ga. 389 , 614 S.E.2d 73, 77 (2005) (“The factors to consider in determining a defendant’s capability to assist in his defense include whether the defendant can adequately consult with others, knows the names and functions of those involved with the case, and reasonably understands the rules, the specific charges, the penalties and the consequences of the proceedings.”); State v. Snyder, 750 So.2d 832, 852 (La.1999) ("The facts to consider in determining a defendant's ability to assist in his defense include: whether he is able to recall and relate facts pertaining t

2009See also Sims v. State, 279 Ga. 389 , 614 S.E.2d 73, 77 (2005) (“The factors to consider in determining a defendant’s capability to assist in his defense include whether the defendant can adequately consult with others, knows the names and functions of those involved with the case, and reasonably understands the rules, the specific charges, the penalties and the consequences of the proceedings.”); State v. Snyder, 750 So.2d 832, 852 (La.1999) ("The facts to consider in determining a defendant's ability to assist in his defense include: whether he is able to recall and relate facts pertaining t

32009–2009
Chevron Corp. v. Redmon green
tex · 1987
2 sentences

1998Chevron Corp., 745 S.W.2d at 316 .

1998Chevron Corp., 745 S.W.2d at 316 .

21998–1998
Gonzales v. State green
texcrimapp · 1954
2 sentences

1986Gonzales v. State, 160 Tex.Cr. 548 , 272 S.W.2d 524 (1954); Rubens v. State, 166 Tex.Cr. 71 , 311 S.W.2d 242 (1958); Brumfield v. State, supra, and cases cited therein.” There is another, independent basis for overruling Ground of Error No. 1.

1986Gonzales v. State, 160 Tex.Cr. 548 , 272 S.W.2d 524 (1954); Rubens v. State, 166 Tex.Cr. 71 , 311 S.W.2d 242 (1958); Brumfield v. State, supra, and cases cited therein.” There is another, independent basis for overruling Ground of Error No. 1.

21977–1986
Rubens v. State green
texcrimapp · 1958
2 sentences

1986Gonzales v. State, 160 Tex.Cr. 548 , 272 S.W.2d 524 (1954); Rubens v. State, 166 Tex.Cr. 71 , 311 S.W.2d 242 (1958); Brumfield v. State, supra, and cases cited therein.” There is another, independent basis for overruling Ground of Error No. 1.

1986Gonzales v. State, 160 Tex.Cr. 548 , 272 S.W.2d 524 (1954); Rubens v. State, 166 Tex.Cr. 71 , 311 S.W.2d 242 (1958); Brumfield v. State, supra, and cases cited therein.” There is another, independent basis for overruling Ground of Error No. 1.

21977–1986
El Paso Electric Co. v. Texas Department of Insurance green
tex · 1997
1 sentence

2025All that the Court did was repeat the rule of Maud that any private individual must be “subordinate” to a State attorney, id. (citing Maud, 200 S.W. at 377- 78), which supports Novartis’s argument, not the State’s. 10 Supreme Court precedents, therefore, teach a consistent rule.

12025–2025
Maud, Tax Collector v. Terrell, Comptroller green
tex · 1918
1 sentence

2025All that the Court did was repeat the rule of Maud that any private individual must be “subordinate” to a State attorney, id. (citing Maud, 200 S.W. at 377- 78), which supports Novartis’s argument, not the State’s. 10 Supreme Court precedents, therefore, teach a consistent rule.

12025–2025
Bigley v. State green
texcrimapp · 1993
1 sentence

2020Therefore, we refuse to limit the authority of the courts of appeals to reform judgments to only those situations involving mistakes of a clerical nature.” 865 S.W.2d at 27 .

12020–2020
TEXAS EMP. INS. ASS'N v. Spann green
texapp · 1982
1 sentence

1990See Shaw, 684 S.W.2d at 196 ; Spann, 632 S.W.2d at 908 .

11990–1990
Munroe v. State green
texcrimapp · 1982
2 sentences

1983Munroe v. State, 637 S.W.2d 475 (Tex.Cr.

1983Munroe v. State, 637 S.W.2d 475 (Tex.Cr.App.1982).

11983–1983
Brumfield v. State green
texcrimapp · 1969
2 sentences

1981(Citations omitted.) (Emphasis added.) In Myre , id., this Court also explicitly held: ...

1981(Citations omitted.) (Emphasis added.) In Myre , id., this Court also explicitly held: . . .

11981–1981
City of Fort Worth v. Taylor green
tex · 1968
1 sentence

1973City of Port Worth v. Taylor, 427 S.W.2d 316 (Tex.1968).

11973–1973
Bryan v. Thomas neutral
texapp · 1962
2 sentences

1970Bryan v. Thomas, 359 S.W.2d 131 (Texarkana Tex.Civ.App., 1962) affirmed 365 S.W.2d 628 (Tex.Sup., 1963).

1970Bryan v. Thomas, 359 S.W.2d 131 (Texarkana Tex.Civ.App., 1962) affirmed 365 S.W.2d 628 (Tex.Sup., 1963).

11970–1970
Bryan v. Thomas green
tex · 1963
2 sentences

1970Bryan v. Thomas, 359 S.W.2d 131 (Texarkana Tex.Civ.App., 1962) affirmed 365 S.W.2d 628 (Tex.Sup., 1963).

1970Bryan v. Thomas, 359 S.W.2d 131 (Texarkana Tex.Civ.App., 1962) affirmed 365 S.W.2d 628 (Tex.Sup., 1963).

11970–1970
Atwood v. Rodman green
texapp · 1962
1 sentence

1970The rule of ejusdem generis is approved with this language: “ ‘ * * * The maxim is held to be applicable “where an enumeration of specific things is followed by some more general word or phrase” and that where such situation exists “such general word or phrase is to be held to refer to things of the same kind.” * * * ’ * ⅜ ⅛ ⅝ ⅝ ⅜ “We approve the holding of the Oklahoma Court in the case of Vogel et al. v. Cobb, 193 Okl. 64 , 141 P.2d 276 , 148 A.L.R. 774 , where it held ‘other minerals’ referred to minerals of the same *555 generic class as oil and gas and did not include water. * * * ” The E

11970–1970
Fleming Foundation v. Texaco, Inc. green
texapp · 1960
11970–1970
Vogel v. Cobb green
okla · 1943
2 sentences

1970The rule of ejusdem generis is approved with this language: “ ‘ * * * The maxim is held to be applicable “where an enumeration of specific things is followed by some more general word or phrase” and that where such situation exists “such general word or phrase is to be held to refer to things of the same kind.” * * * ’ * ⅜ ⅛ ⅝ ⅝ ⅜ “We approve the holding of the Oklahoma Court in the case of Vogel et al. v. Cobb, 193 Okl. 64 , 141 P.2d 276 , 148 A.L.R. 774 , where it held ‘other minerals’ referred to minerals of the same *555 generic class as oil and gas and did not include water. * * * ” The E

1970The rule of ejusdem generis is approved with this language: “ ‘ * * * The maxim is held to be applicable “where an enumeration of specific things is followed by some more general word or phrase” and that where such situation exists “such general word or phrase is to be held to refer to things of the same kind.” * * * ’ * ⅜ ⅛ ⅝ ⅝ ⅜ “We approve the holding of the Oklahoma Court in the case of Vogel et al. v. Cobb, 193 Okl. 64 , 141 P.2d 276 , 148 A.L.R. 774 , where it held ‘other minerals’ referred to minerals of the same *555 generic class as oil and gas and did not include water. * * * ” The E

11970–1970
City of Trinity v. McPhail green
texapp · 1939
11962–1962
Arnold v. State green
texcrimapp · 1945
11948–1948

Statutes the citing opinions construe

USC § 5u.s.c.552 (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

LA 65 (1939–2025) CA 32 (1921–2024) WA 27 (1909–2025) TX 26 (1948–2025) NY 22 (1885–2022) IL 21 (1922–2026) PA 14 (1913–2023) NJ 13 (1908–2021) WI 13 (1960–2021) FL 13 (1977–2018) OR 13 (1959–2021) OH 12 (1853–2022) AZ 12 (1955–2026) MO 11 (1907–2014) OK 11 (1918–2018) GA 10 (1971–2023) SD 9 (1975–2026) MD 9 (1994–2021) IA 9 (1893–2024) NE 9 (1903–2022) MI 9 (1976–2023) UT 8 (1989–2026) NM 8 (1971–2018) KY 8 (1943–2026) MA 8 (1981–2019) MN 7 (1977–2018) CT 7 (1973–2023) NC 6 (1983–2018) WY 6 (1979–2015) ME 6 (2006–2019) KS 6 (1988–2022) MT 6 (1978–2025) AL 6 (1968–2017) TN 6 (1985–2020) CO 5 (1958–2025) IN 5 (1972–1989) DE 4 (1988–2024) MS 4 (1992–2024) VT 4 (2002–2021) AK 3 (1988–2021) HI 3 (1980–2014) ID 3 (2015–2021) DC 2 (1990–2017) SC 2 (1984–2018) RI 2 (1989–2005) VA 2 (2009–2022)

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.

← Caselaw search · G Cite Topics · Brief Check