Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
26 Texas opinions name it 1 courts 1994–2024 3 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 |
|---|---|---|
Theus v. Stategreen2 sentences2021Id. 2007The last two factors are related and often analyzed together because "both depend on the nature of a defendant's defense and the means available to him of proving that defense." Theus , 845 S.W.2d, at 881 . | 3 | 10 |
Cantu v. Stategreen2 sentences2016Id. 2014Cantu v. State, 253 S.W.3d 273, 280 (Tex.Crim.App.2008). | 1 | 4 |
Robert McGruder v. Steven W. Puckettgreen1 sentence2020McGruder v. Puckett, 954 F.2d 313, 316 (5th Cir. 1992). | 1 | 1 |
BMG Direct Marketing, Inc. v. Peakegreen1 sentence2018The Texas Supreme Court has held that the State has a “public policy strongly favoring the freedom of parties to contract.” BMG Direct Marketing, Inc. v. Peake, 178 S.W.3d 763, 767 (Tex. 2005). | 1 | 1 |
Michigan v. Paynegreen2 sentences2015We need not [does] not clearly favor either retroactivity or prospectivity." /d. at 251, 89 S. Ct. at 1035; see Michigan decide whether a collateral estoppel claim is susceptible to harmless error analysis, for we find that v. Payne, 412 U.S. 47 , 55, 93 S. Ct. 1966 , 36 L. Ed. 2d 736 (1973); United States v. Scott, 425 F.2d the error committed in this case could not be adjudged harmless even if the appropriate constitutional 55, 58 (9th Cir. 1970) (en bane). 2015We need not [does] not clearly favor either retroactivity or prospectivity." /d. at 251, 89 S. Ct. at 1035; see Michigan decide whether a collateral estoppel claim is susceptible to harmless error analysis, for we find that v. Payne, 412 U.S. 47 , 55, 93 S. Ct. 1966 , 36 L. Ed. 2d 736 (1973); United States v. Scott, 425 F.2d the error committed in this case could not be adjudged harmless even if the appropriate constitutional 55, 58 (9th Cir. 1970) (en bane). | 1 | 1 |
Mann v. Stategreen1 sentence2014Mann v. State, 964 S.W.2d 639, 641 (Tex. Crim. | 1 | 1 |
Dale v. Stategreen1 sentence2003Id; Dale v. State, 90 S.W.3d 826, 831 (Tex. App . | 1 | 1 |
Wright v. Gifford-Hill & Co., Inc.green1 sentence1994The first five factors, sometimes known as the Kraus factors, were first enunciated in Alamo Nat'l Bank v. Kraus, 616 S.W.2d 908, 910 (Tex.1981) and Wright v. Gifford-Hill & Co., 725 S.W.2d 712, 714 (Tex.1987), with the last two factors added by this Court in State Farm Mutual Automobile Insurance Co. v. Zubiate, 808 S.W.2d 590, 604 (Tex.App.—El Paso 1991, writ denied). 3 . | 1 | 1 |
State Farm Mutual Automobile Insurance Co. v. Zubiategreen2 sentences1994This Court in Zubiate, 808 S.W.2d at 604 , affirmed with approval a trial court instruction that gave all seven of the Kraus factors, stating that the due process rights of the appellant were well protected by the application of those factors. 4 .Nationwide Mutual Ins. 1994The first five factors, sometimes known as the Kraus factors, were first enunciated in Alamo Nat'l Bank v. Kraus, 616 S.W.2d 908, 910 (Tex.1981) and Wright v. Gifford-Hill & Co., 725 S.W.2d 712, 714 (Tex.1987), with the last two factors added by this Court in State Farm Mutual Automobile Insurance Co. v. Zubiate, 808 S.W.2d 590, 604 (Tex.App.—El Paso 1991, writ denied). 3 . | 1 | 1 |
Alamo National Bank v. Krausgreen1 sentence1994The first five factors, sometimes known as the Kraus factors, were first enunciated in Alamo Nat'l Bank v. Kraus, 616 S.W.2d 908, 910 (Tex.1981) and Wright v. Gifford-Hill & Co., 725 S.W.2d 712, 714 (Tex.1987), with the last two factors added by this Court in State Farm Mutual Automobile Insurance Co. v. Zubiate, 808 S.W.2d 590, 604 (Tex.App.—El Paso 1991, writ denied). 3 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gigliobianco v. State
green
2 sentences2020Gigliobianco, 210 S.W.3d at 641 . 2019Gigliobianco, 210 S.W.3d at 641 . | 2 | 2019–2020 |
Vinson v. State
green
2 sentences2024“As the importance of the defendant’s credibility escalates, so will the need to allow the State an opportunity to impeach the defendant’s credibility.” Id. -6- The trial court asked: “If [the prior conviction]’s more than ten years old, which I don’t have proof that it’s not, I have under, I guess, 609, [are] there specific reasons why this should be considered not unduly prejudicial?” The State answered: Your Honor, for one, the sentence was in October, and the punishment was for nine months out of state jail. 2024Peña-Flores argued that the State’s proffered date was merely an estimate, which provided no definitive answer to the trial court’s question. 4 “The last two factors are related, because both depend on the nature of a defendant’s defense and the means available to him of proving that defense.” Id. | 1 | 2024–2024 |
Ridge Natural Resources, LLC, Calvin Smajstrla, Christopher Hawa and Wilson Hawa v. Double Eagle Royalty, LP
green
1 sentence2023Id. | 1 | 2023–2023 |
Dew v. Crown Derrick Erectors, Inc.
green
1 sentence2018Id. ; see Restatement §§ 447-449. | 1 | 2018–2018 |
Amco Insurance v. Norton
green
1 sentence1996Id. at 547 . | 1 | 1996–1996 |
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.