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26 Texas opinions name it 3 courts 1910–2025 5 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 |
|---|---|---|
Taylor v. United Statesgreen2 sentences2023App. 1985)); Ashley v. State, 404 S.W.3d 672, 680 (Tex. App.—El Paso 2013, no pet.) (“After commencement of trial proceedings, a defendant may voluntarily absent himself from the trial without a violation of his Sixth Amendment right to be present during all phases of the trial.”) (first citing Taylor v. United States, 414 U.S. 17 , 18–19 (1973) (per curiam); and then citing Miller, 692 S.W.2d at 90 ). 2021For the following reasons, we answer that question, “No.” “After commencement of trial proceedings, a defendant may voluntarily absent himself from the trial without a violation of his Sixth Amendment right to be present during all phases of the trial.” Ashley v. State, 404 S.W.3d 672, 680 (Tex. App.—El Paso 2013, no pet.) (citing Taylor v. United States, 414 U.S. 17, 18-19 (1973) (per curiam)). | 5 | 7 |
Miller v. Stategreen2 sentences2023See Sumrell v. State, 326 S.W.3d 621, 624 (Tex. –10– App.—Dallas 2009, pet. dism’d); see also Miller, 692 S.W.2d at 91 (defendant who is present at the time voir dire begins, but who thereafter voluntarily removes himself from the courtroom, forfeits his Sixth Amendment rights); Tracy v. State, 14 S.W.3d 820, 826 (Tex. App.—Dallas 2000, pet. ref'd) (defendant's Sixth Amendment rights were not violated when he voluntarily absented himself from trial after the commencement of voir dire, but before jury was selected); Ashley v. State, 404 S.W.3d 672, 680 (Tex. App.—El Paso 2013, no pet.) (“After 2023App. 1985)); Ashley v. State, 404 S.W.3d 672, 680 (Tex. App.—El Paso 2013, no pet.) (“After commencement of trial proceedings, a defendant may voluntarily absent himself from the trial without a violation of his Sixth Amendment right to be present during all phases of the trial.”) (first citing Taylor v. United States, 414 U.S. 17 , 18–19 (1973) (per curiam); and then citing Miller, 692 S.W.2d at 90 ). | 5 | 6 |
George Ashley v. Stategreen2 sentences2023See Sumrell v. State, 326 S.W.3d 621, 624 (Tex. –10– App.—Dallas 2009, pet. dism’d); see also Miller, 692 S.W.2d at 91 (defendant who is present at the time voir dire begins, but who thereafter voluntarily removes himself from the courtroom, forfeits his Sixth Amendment rights); Tracy v. State, 14 S.W.3d 820, 826 (Tex. App.—Dallas 2000, pet. ref'd) (defendant's Sixth Amendment rights were not violated when he voluntarily absented himself from trial after the commencement of voir dire, but before jury was selected); Ashley v. State, 404 S.W.3d 672, 680 (Tex. App.—El Paso 2013, no pet.) (“After 2023App. 1985)); Ashley v. State, 404 S.W.3d 672, 680 (Tex. App.—El Paso 2013, no pet.) (“After commencement of trial proceedings, a defendant may voluntarily absent himself from the trial without a violation of his Sixth Amendment right to be present during all phases of the trial.”) (first citing Taylor v. United States, 414 U.S. 17 , 18–19 (1973) (per curiam); and then citing Miller, 692 S.W.2d at 90 ). | 5 | 6 |
Tracy v. Stategreen2 sentences2023See Sumrell v. State, 326 S.W.3d 621, 624 (Tex. –10– App.—Dallas 2009, pet. dism’d); see also Miller, 692 S.W.2d at 91 (defendant who is present at the time voir dire begins, but who thereafter voluntarily removes himself from the courtroom, forfeits his Sixth Amendment rights); Tracy v. State, 14 S.W.3d 820, 826 (Tex. App.—Dallas 2000, pet. ref'd) (defendant's Sixth Amendment rights were not violated when he voluntarily absented himself from trial after the commencement of voir dire, but before jury was selected); Ashley v. State, 404 S.W.3d 672, 680 (Tex. App.—El Paso 2013, no pet.) (“After 2015Thus, “[a]fter commencement of trial proceedings, a defendant may voluntarily absent himself from the trial without a violation of his Sixth Amendment right to be present during all phases of the trial.” Ashley v. State, 404 S.W.3d 672, 680 (Tex.App.-El Paso 2013, no pet.) (citing Taylor v. United States, 414 U.S. 17, 18-19 , 94 S.Ct. 194 , 38 L.Ed.2d 174 (1973) (per curiam); Miller v. State, 692 S.W.2d 88, 90 (Tex.Crim.App.1985); Tracy v. State, 14 S.W.3d 820, 826 (Tex.App.-Dallas 2000, pet. ref'd)). | 4 | 4 |
SUMRELL v. Stategreen1 sentence2023See Sumrell v. State, 326 S.W.3d 621, 624 (Tex. –10– App.—Dallas 2009, pet. dism’d); see also Miller, 692 S.W.2d at 91 (defendant who is present at the time voir dire begins, but who thereafter voluntarily removes himself from the courtroom, forfeits his Sixth Amendment rights); Tracy v. State, 14 S.W.3d 820, 826 (Tex. App.—Dallas 2000, pet. ref'd) (defendant's Sixth Amendment rights were not violated when he voluntarily absented himself from trial after the commencement of voir dire, but before jury was selected); Ashley v. State, 404 S.W.3d 672, 680 (Tex. App.—El Paso 2013, no pet.) (“After | 1 | 1 |
Dallas County v. Poseygreen1 sentence2016To be a substantial factor, the condition pleadings do not establish a defect in the 9-1-1 or use of the property "must actually have caused the telephone system was a proximate cause of Sanchez's injury." Posey, 290 S. W.3d at 872 ("This nexus requires death as required to establish a waiver of governmental immunity under the Tort Claims Act. 1 The court of appeals also affirmed dismissal of the Without hearing oral argument, we reverse the court of Sanchezes' negligent use/misuse claim, but they have not appeals' judgment and render judgment dismissing the appealed that ruling. case. | 1 | 1 |
Rachuig v. Stategreen1 sentence2016App. 1987), overruled on other grounds by Beck, 769 S.W.2d at 527 ; Rachuig v. State, 972 S.W.2d 170, 177 (Tex. App.—Waco 1998, pet. ref’d).4 Because the State filed a separate notice meeting the requirements of Texas law, we overrule this issue. (3) Neither a New Trial nor a Hearing on Jones’ Motion for New Trial Was Required Jones also claims that he was improperly denied a new trial without a hearing. | 1 | 1 |
Wainwright v. Wittgreen1 sentence2015See Witt, 469 U.S. at 424 . | 1 | 1 |
Martinez v. Stategreen1 sentence2015See Martinez v. State, 981 S.W.2d 195, 197 (Tex.Crim.App.1998); see also Withdrawal of Guilty Pleas Tex.Code Crim. | 1 | 1 |
Clearview Properties, L.P. v. Property Texas SC One Corp.green1 sentence2010Clearview Props., L.P. v. Property Tex. SC One Corp., 287 S.W.3d 132, 142 (Tex. App.–Houston [14th Dist.] 2009, pet. filed) (citing TEX . | 1 | 1 |
Ex Parte Torresgreen1 sentence2006See Ex parte Torres , 943 S.W.2d 469 (Tex. Crim. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sun Oil Co. v. Railroad Commission
green
2 sentences1939Under the undisputed facts shown by this record, the failure of Corbin to include this strip in his original lease to Adkisson in 1930 (if it be conceded that *233 Re did not so include it), his subsequent conveyance of the strip to Burnett in 1935, and the quit-claim from Jackson, Wise & Snedden to Jordan in 1937, manifestly constituted a voluntary subdivision thereof from a larger tract capable of development as a whole without an exception to Rule 37, which under the rules of the Commission and numerous decisions of this court, beginning with Sun Oil Co. v. Railroad Comm., Tex.Civ.App., 68 1938Under these circumstances in the early consideration of these harrassing and perplexing questions this court, in the several rule 37 cases reported in 68 S.W.2d 609 -628, and in subsequent decisions wherein the Supreme Court has refused writs of error have adhered thereto, has held that the spacing provisions constituted, prima facie, a finding by the Commission that, absent some differentiating conditions, wells spaced at lesser distances and producing' equally would tend to cause waste; and likewise that one who, after the rule became applicable, acquired by voluntary segregation a leasehold | 2 | 1938–1939 |
Earle v. McVeigh
green
2 sentences2025“A judgment may not be rendered in violation of constitutional protections.” “The validity of a judgment may be affected by a failure to give the constitutionally required due process notice and an opportunity to be heard.” Earle v. McVeigh, 91 US 503 , 23 L Ed 398 “A judgment of a court without hearing the party or giving him an opportunity to be heard is not a judicial determination of his rights.” Sabariego v Maverick, 124 US 261 , 31 L Ed 430 , 8 S Ct 461 Let us remember that the rules of procedure exist to ensure fairness and efficiency. 2025“A judgment may not be rendered in violation of constitutional protections.” “The validity of a judgment may be affected by a failure to give the constitutionally required due process notice and an opportunity to be heard.” Earle v. McVeigh, 91 US 503 , 23 L Ed 398 “A judgment of a court without hearing the party or giving him an opportunity to be heard is not a judicial determination of his rights.” Sabariego v Maverick, 124 US 261 , 31 L Ed 430 , 8 S Ct 461 Let us remember that the rules of procedure exist to ensure fairness and efficiency. | 1 | 2025–2025 |
Sabariego v. Maverick
green
2 sentences2025“A judgment may not be rendered in violation of constitutional protections.” “The validity of a judgment may be affected by a failure to give the constitutionally required due process notice and an opportunity to be heard.” Earle v. McVeigh, 91 US 503 , 23 L Ed 398 “A judgment of a court without hearing the party or giving him an opportunity to be heard is not a judicial determination of his rights.” Sabariego v Maverick, 124 US 261 , 31 L Ed 430 , 8 S Ct 461 Let us remember that the rules of procedure exist to ensure fairness and efficiency. 2025“A judgment may not be rendered in violation of constitutional protections.” “The validity of a judgment may be affected by a failure to give the constitutionally required due process notice and an opportunity to be heard.” Earle v. McVeigh, 91 US 503 , 23 L Ed 398 “A judgment of a court without hearing the party or giving him an opportunity to be heard is not a judicial determination of his rights.” Sabariego v Maverick, 124 US 261 , 31 L Ed 430 , 8 S Ct 461 Let us remember that the rules of procedure exist to ensure fairness and efficiency. | 1 | 2025–2025 |
Ex Parte Beck
green
1 sentence2016App. 1987), overruled on other grounds by Beck, 769 S.W.2d at 527 ; Rachuig v. State, 972 S.W.2d 170, 177 (Tex. App.—Waco 1998, pet. ref’d).4 Because the State filed a separate notice meeting the requirements of Texas law, we overrule this issue. (3) Neither a New Trial nor a Hearing on Jones’ Motion for New Trial Was Required Jones also claims that he was improperly denied a new trial without a hearing. | 1 | 2016–2016 |
Ex Parte Reis
green
2 sentences2015Ex Parte Reis, 117 Tex. Crim. 123 , 33 S.W. 2d 435 (1930) was returned, the sheriff released relator COUNSEL: Marsene Johnson, Jr., of on a bond in the sum of five hundred Galveston, for appellant. dollars. 2015Ex Parte Reis, 117 Tex. Crim. 123 , 33 S.W. 2d 435 (1930) was returned, the sheriff released relator COUNSEL: Marsene Johnson, Jr., of on a bond in the sum of five hundred Galveston, for appellant. dollars. | 1 | 2015–2015 |
Southern Pacific Transportation Co. v. Hernandez
green
1 sentence1993Hernandez, 804 S.W.2d at 563 ; O’Merry, 727 S.W.2d at 601 . | 1 | 1993–1993 |
Atchison, Topeka & Santa Fe Railway Co. v. O'Merry
green
1 sentence1993Hernandez, 804 S.W.2d at 563 ; O’Merry, 727 S.W.2d at 601 . | 1 | 1993–1993 |
May v. State
green
2 sentences1980Grant v. State, 59 Tex.Cr.R. 123 , 127 S.W. 173 . [emphasis added] This language in Moore fails to support the majority’s qualified version of the rule— that a conviction is prohibited on any state of facts “of which the accused has not been effectively notified.” I further submit that, other than in May v. State, 146 Tex.Cr.R. 115 , 171 S.W.2d 488 (1943), this Court without exception has read Moore to stand for the basic proposition that the court in charging the jury, is bound by the allegations of the indictment. 1980Grant v. State, 59 Tex.Cr.R. 123 , 127 S.W. 173 . [emphasis added] This language in Moore fails to support the majority’s qualified version of the rule— that a conviction is prohibited on any state of facts “of which the accused has not been effectively notified.” I further submit that, other than in May v. State, 146 Tex.Cr.R. 115 , 171 S.W.2d 488 (1943), this Court without exception has read Moore to stand for the basic proposition that the court in charging the jury, is bound by the allegations of the indictment. | 1 | 1980–1980 |
Grant v. State
neutral
2 sentences1980Grant v. State, 59 Tex.Cr.R. 123 , 127 S.W. 173 . [emphasis added] This language in Moore fails to support the majority’s qualified version of the rule— that a conviction is prohibited on any state of facts “of which the accused has not been effectively notified.” I further submit that, other than in May v. State, 146 Tex.Cr.R. 115 , 171 S.W.2d 488 (1943), this Court without exception has read Moore to stand for the basic proposition that the court in charging the jury, is bound by the allegations of the indictment. 1980Grant v. State, 59 Tex.Cr.R. 123 , 127 S.W. 173 . [emphasis added] This language in Moore fails to support the majority’s qualified version of the rule— that a conviction is prohibited on any state of facts “of which the accused has not been effectively notified.” I further submit that, other than in May v. State, 146 Tex.Cr.R. 115 , 171 S.W.2d 488 (1943), this Court without exception has read Moore to stand for the basic proposition that the court in charging the jury, is bound by the allegations of the indictment. | 1 | 1980–1980 |
Witherspoon v. Illinois
green
2 sentences1968On July 12, 1968, the petitioner presented another habeas corpus petition to the convicting court contending, among other things, that the jury which imposed the death penalty upon him was selected in violation of the doctrine of Witherspoon v. State of Illinois, 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 , which decision of the United States Supreme Court is to be applied retroactively. 1968On July 12, 1968, the petitioner presented another habeas corpus petition to the convicting court contending, among other things, that the jury which imposed the death penalty upon him was selected in violation of the doctrine of Witherspoon v. State of Illinois, 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 , which decision of the United States Supreme Court is to be applied retroactively. | 1 | 1968–1968 |
Choate v. San Antonio & Aransas Pass Railway Co.
green
2 sentences1946On original consideration this court affirmed that judgment but on rehearing reversed its holding that there was no evidence, Judge Brown stating, “We think that the evidence is not such as to preclude a difference of opinion upon the question of negligence on the part of the defendant, and that the Court of Civil Appeals erred in the direction that it gave to the trial court,” and remanded the case to the trial court without instruction. 90 Texas, 82 , 36 S. W., 247 , 37 S. W., 319 . 1946On original consideration this court affirmed that judgment but on rehearing reversed its holding that there was no evidence, Judge Brown stating, “We think that the evidence is not such as to preclude a difference of opinion upon the question of negligence on the part of the defendant, and that the Court of Civil Appeals erred in the direction that it gave to the trial court,” and remanded the case to the trial court without instruction. 90 Texas, 82 , 36 S. W., 247 , 37 S. W., 319 . | 1 | 1946–1946 |
Smith v. State
neutral
1 sentence1945In Smith v. State, 6 S. W. 40 , it was held that the record on *49 appeal “must show the reasons for the selection of, and the manner in which he became, special judge,” A number of authorities were cited and relied upon. | 1 | 1945–1945 |
The Texas Loan Agency v. Taylor
green
2 sentences1921In 31 Cyc. pp. 1269 to 1270, it is said: "A principal also has a right to receive money from an agent in payment of a debt due from the latter without inquiry as to the source from which it came; and if it is in good faith so received and applied by the principal, its subsequent retention after he learns that it was procured through an unauthorized transaction entered into by the agent in his name will not amount to a ratification of such transaction." See, also, Kauffman v. Robey, 60 Tex. 308 , 48 Am.Rep. 264 ; Texas Loan Agency v. Taylor, 88 Tex. 47 , 29 S.W. 1057 ; Holmes v. Uvalde Nat. 1921In 31 Cyc. pp. 1269 to 1270, it is said: "A principal also has a right to receive money from an agent in payment of a debt due from the latter without inquiry as to the source from which it came; and if it is in good faith so received and applied by the principal, its subsequent retention after he learns that it was procured through an unauthorized transaction entered into by the agent in his name will not amount to a ratification of such transaction." See, also, Kauffman v. Robey, 60 Tex. 308 , 48 Am.Rep. 264 ; Texas Loan Agency v. Taylor, 88 Tex. 47 , 29 S.W. 1057 ; Holmes v. Uvalde Nat. | 1 | 1921–1921 |
Kauffman & Runge v. Robey
green
2 sentences1921In 31 Cyc. pp. 1269 to 1270, it is said: "A principal also has a right to receive money from an agent in payment of a debt due from the latter without inquiry as to the source from which it came; and if it is in good faith so received and applied by the principal, its subsequent retention after he learns that it was procured through an unauthorized transaction entered into by the agent in his name will not amount to a ratification of such transaction." See, also, Kauffman v. Robey, 60 Tex. 308 , 48 Am.Rep. 264 ; Texas Loan Agency v. Taylor, 88 Tex. 47 , 29 S.W. 1057 ; Holmes v. Uvalde Nat. 1921In 31 Oye. pp. 1269 to 1270, it is said: “A principal also has a right to receive money from an agent in payment of a debt due from the latter without inquiry as to the source from which it came; and if it is in good faith so received and applied by the principal, its subsequent retention after he learns that it was procured through an unauthorized transaction entered into by the agent in his name will not amount to a ratification of such trans-aqtion.” See, also, Kauffman v. Robey, 60 Tex. 308 , 48 Am. | 1 | 1921–1921 |
Holmes v. Uvalde Nat. Bank
green
1 sentence1921Bank, 222 S.W. 640 , and cases therein cited. | 1 | 1921–1921 |
Neubauer v. State
green
1 sentence1910Richardson v. State, 3 App., 69 ; Cherry v. State, 4 App., 4 ; Gerald v. State, 4 App., 308 ; Johnson v. State, 26 App., 395 ; Neubauer v. State, 31 Texas Crim. | 1 | 1910–1910 |
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.