last two factors (Texas) · Go Syfert
← Texas issues

last two factors in Texas

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.

Followed or applied (10)

CaseFollowedCited
Theus v. Stategreen
texcrimapp · 1992 · cited in 10 Texas opinions naming this issue, 2003–2021
2 sentences

2021Id.

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 .

310
Cantu v. Stategreen
texcrimapp · 2008 · cited in 4 Texas opinions naming this issue, 2011–2016
2 sentences

2016Id.

2014Cantu v. State, 253 S.W.3d 273, 280 (Tex.Crim.App.2008).

14
Robert McGruder v. Steven W. Puckettgreen
ca5 · 1992 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020McGruder v. Puckett, 954 F.2d 313, 316 (5th Cir. 1992).

11
BMG Direct Marketing, Inc. v. Peakegreen
tex · 2005 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018The 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).

11
Michigan v. Paynegreen
scotus · 1973 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

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).

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).

11
Mann v. Stategreen
texcrimapp · 1998 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014Mann v. State, 964 S.W.2d 639, 641 (Tex. Crim.

11
Dale v. Stategreen
texapp · 2002 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003Id; Dale v. State, 90 S.W.3d 826, 831 (Tex. App .

11
Wright v. Gifford-Hill & Co., Inc.green
tex · 1987 · cited in 1 Texas opinions naming this issue, 1994–1994
1 sentence

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 .

11
State Farm Mutual Automobile Insurance Co. v. Zubiategreen
texapp · 1991 · cited in 1 Texas opinions naming this issue, 1994–1994
2 sentences

1994This 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 .

11
Alamo National Bank v. Krausgreen
tex · 1981 · cited in 1 Texas opinions naming this issue, 1994–1994
1 sentence

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 .

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 (5)

CaseCitedYears
Gigliobianco v. State green
texcrimapp · 2006
2 sentences

2020Gigliobianco, 210 S.W.3d at 641 .

2019Gigliobianco, 210 S.W.3d at 641 .

22019–2020
Vinson v. State green
texcrimapp · 2008
2 sentences

2024“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.

12024–2024
Ridge Natural Resources, LLC, Calvin Smajstrla, Christopher Hawa and Wilson Hawa v. Double Eagle Royalty, LP green
texapp · 2018
1 sentence

2023Id.

12023–2023
Dew v. Crown Derrick Erectors, Inc. green
tex · 2006
1 sentence

2018Id. ; see Restatement §§ 447-449.

12018–2018
Amco Insurance v. Norton green
neb · 1993
1 sentence

1996Id. at 547 .

11996–1996

Where else courts name it

TX 26 (1994–2024) MN 20 (1986–2025) NH 10 (1982–2020) IL 8 (1982–2022) CA 6 (1967–2026) PA 5 (1989–2021) AZ 5 (1985–1999) DC 4 (2004–2014) NY 3 (1971–2005) CT 3 (2009–2016) OH 2 (2003–2019) NE 2 (2017–2022) OR 2 (2012–2016) MO 2 (2000–2020) RI 2 (2018–2022) UT 2 (2010–2026) NM 2 (2020–2021)

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