burden of showing error (Texas) · Go Syfert
← Texas issues

burden of showing error in Texas

24 Texas opinions name it 3 courts 1927–2020 0 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 (12)

CaseFollowedCited
Giffin v. Smithgreen
tex · 1985 · cited in 4 Texas opinions naming this issue, 2003–2008
2 sentences

2008See Giffin v. Smith , 688 S.W.2d 112, 114 (Tex. 1985) (orig. proceeding).

2003Giffin v. Smith , 688 S.W.2d 112, 114 (Tex. 1985) (orig. proceeding); Riverside Hosp., Inc. v. Garza , 894 S.W.2d 850, 853 (Tex. App.--Corpus Christi 1995, orig. proceeding) ("The party asserting privilege has the burden of proof to establish the existence of the privilege.").

44
Torres v. Stategreen
texcrimapp · 2005 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015Torres v. State, 182 S.W.3d 899, 902 (Tex. Crim.

2015Torres v. State, 182 S.W.3d 899, 902 (Tex. Crim.

22
Riverside Hospital, Inc. v. Garzagreen
texapp · 1995 · cited in 2 Texas opinions naming this issue, 2003–2003
2 sentences

2003Giffin v. Smith , 688 S.W.2d 112, 114 (Tex. 1985) (orig. proceeding); Riverside Hosp., Inc. v. Garza , 894 S.W.2d 850, 853 (Tex. App.--Corpus Christi 1995, orig. proceeding) ("The party asserting privilege has the burden of proof to establish the existence of the privilege.").

2003Giffin v. Smith , 688 S.W.2d 112, 114 (Tex. 1985) (orig. proceeding) ; Riverside Hosp., Inc. v. Garza , 894 S.W.2d 850, 853 (Tex. App.—Corpus Christi 1995, orig. proceeding ) (“The party asserting privilege has the burden of proof to establish the existence of the privilege.”).

22
Texas Health Facilities Commission v. Charter Medical-Dallas, Inc.green
tex · 1984 · cited in 2 Texas opinions naming this issue, 1992–2001
2 sentences

2001Texas Health Facilities Comm'n v. Charter Medical-Dallas, Inc. , 665 S.W.2d 446, 453 (Tex. 1984); Continental Cars, Inc. v. Texas Motor Vehicle Comm'n , 697 S.W.2d 438, 441 (Tex. App. 1985, writ ref'd n.r.e.).

1992Texas Health Facilities Comm’n v. Charter Medical-Dallas, Inc., 665 S.W.2d 446, 453 (Tex.1984); Continental Cars, Inc. v. Texas Motor Vehicle Comm’n, 697 S.W.2d 438, 441 (Tex.App.1985, writ ref’d n.r.e.). *903 We may not substitute our discretion or our judgment for that of the agency; we may reverse an agency’s decision only if it is unsupported by substantial evidence, is arbitrary, or results from an abuse of discretion.

22
Continental Cars, Inc. v. Texas Motor Vehicle Commissiongreen
texapp · 1985 · cited in 2 Texas opinions naming this issue, 1992–2001
2 sentences

2001Texas Health Facilities Comm'n v. Charter Medical-Dallas, Inc. , 665 S.W.2d 446, 453 (Tex. 1984); Continental Cars, Inc. v. Texas Motor Vehicle Comm'n , 697 S.W.2d 438, 441 (Tex. App. 1985, writ ref'd n.r.e.).

1992Texas Health Facilities Comm’n v. Charter Medical-Dallas, Inc., 665 S.W.2d 446, 453 (Tex.1984); Continental Cars, Inc. v. Texas Motor Vehicle Comm’n, 697 S.W.2d 438, 441 (Tex.App.1985, writ ref’d n.r.e.). *903 We may not substitute our discretion or our judgment for that of the agency; we may reverse an agency’s decision only if it is unsupported by substantial evidence, is arbitrary, or results from an abuse of discretion.

22
City of El Paso v. Public Utility Commission of Texasgreen
texapp · 1992 · cited in 2 Texas opinions naming this issue, 1993–1993
2 sentences

1993Id. at 902 (citations omitted).

1993Id. at 902 (citations omitted).

22
McCandless v. Stategreen
texcrimapp · 1968 · cited in 2 Texas opinions naming this issue, 1974–1976
2 sentences

1976See McCandless v. State, 425 S.W.2d 636 (Tex.Cr.App.1968); Torres v. State, 422 S.W.2d 741 (Tex.Cr.App.1968) (Concurring Opinion).” See also McKittrick v. State, Tex.Cr.App., 541 S.W.2d 177 ; Pete v. State, Tex.Cr.App., 471 S.W.2d 841 .

1974See McCandless v. State, 425 S.W.2d 636 (Tex.Cr.App. 1968); Torres v. State, 422 S.W.2d 741 (Tex.Cr.App.1968) (Concurring Opinion).

22
Englander Co. v. Kennedygreen
tex · 1968 · cited in 2 Texas opinions naming this issue, 1973–1992
2 sentences

1992See Englander Co. v. Kennedy , 428 S.W.2d 806, 807 (Tex. 1968).

1973Englander Co. v. Kennedy, 428 S.W.2d 806 (Tex.Sup., 1968); Community Savings & Loan Association of Fredericksburg v. Citizens National Bank of Waco, 484 S.W.2d 116 (Waco Civ.App., 1972, writ dism.).

12
Ferguson v. DRG/Colony North, Ltd.green
texapp · 1989 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020See Ferguson v. DRG/Colony N., Ltd., 764 S.W.2d 874, 885 (Tex. App.—Austin 1989, writ denied) (“A party on appeal may not complain of errors which do not injuriously affect him or which merely affect the rights of others.”).

11
Peetz v. Stategreen
texapp · 2005 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Peetz v. State, 180 S.W.3d 755, 758 (Tex. App.— Houston [14th Dist.] 2005, no pet.) (citing Purkett v. Elem, 514 U.S. 765, 767-68 (1995)); see also Moss v. State, 877 S.W.2d 895, 899 (Tex. App.—Waco 1994, no pet.) (“On appeal, the defendant bears the burden of showing error by the trial court; there is no burden on the state on appeal to convince us that its strikes were 5 race neutral.”).

11
Purkett v. Elemgreen
scotus · 1995 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Peetz v. State, 180 S.W.3d 755, 758 (Tex. App.— Houston [14th Dist.] 2005, no pet.) (citing Purkett v. Elem, 514 U.S. 765, 767-68 (1995)); see also Moss v. State, 877 S.W.2d 895, 899 (Tex. App.—Waco 1994, no pet.) (“On appeal, the defendant bears the burden of showing error by the trial court; there is no burden on the state on appeal to convince us that its strikes were 5 race neutral.”).

11
Moss v. Stategreen
texapp · 1994 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Peetz v. State, 180 S.W.3d 755, 758 (Tex. App.— Houston [14th Dist.] 2005, no pet.) (citing Purkett v. Elem, 514 U.S. 765, 767-68 (1995)); see also Moss v. State, 877 S.W.2d 895, 899 (Tex. App.—Waco 1994, no pet.) (“On appeal, the defendant bears the burden of showing error by the trial court; there is no burden on the state on appeal to convince us that its strikes were 5 race neutral.”).

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 (14)

CaseCitedYears
Webb v. State green
texapp · 2000
2 sentences

2004Id.

2004Id.

22004–2004
Torres v. State green
texcrimapp · 1968
2 sentences

1976See McCandless v. State, 425 S.W.2d 636 (Tex.Cr.App.1968); Torres v. State, 422 S.W.2d 741 (Tex.Cr.App.1968) (Concurring Opinion).” See also McKittrick v. State, Tex.Cr.App., 541 S.W.2d 177 ; Pete v. State, Tex.Cr.App., 471 S.W.2d 841 .

1974See McCandless v. State, 425 S.W.2d 636 (Tex.Cr.App. 1968); Torres v. State, 422 S.W.2d 741 (Tex.Cr.App.1968) (Concurring Opinion).

21974–1976
Meadoux v. State green
texcrimapp · 2010
1 sentence

2016Meadoux, 325 S.W.3d at 194 n.7.

12016–2016
In Re State Farm Lloyds, Inc. green
texapp · 2005
1 sentence

2013In re State Farm Lloyds, 170 S.W.3d at 634 .

12013–2013
Delgado v. Hernandez green
texapp · 1997
1 sentence

2000Id.

12000–2000
Pete v. State green
texcrimapp · 1971
1 sentence

1976See McCandless v. State, 425 S.W.2d 636 (Tex.Cr.App.1968); Torres v. State, 422 S.W.2d 741 (Tex.Cr.App.1968) (Concurring Opinion).” See also McKittrick v. State, Tex.Cr.App., 541 S.W.2d 177 ; Pete v. State, Tex.Cr.App., 471 S.W.2d 841 .

11976–1976
McKittrick v. State green
texcrimapp · 1976
1 sentence

1976See McCandless v. State, 425 S.W.2d 636 (Tex.Cr.App.1968); Torres v. State, 422 S.W.2d 741 (Tex.Cr.App.1968) (Concurring Opinion).” See also McKittrick v. State, Tex.Cr.App., 541 S.W.2d 177 ; Pete v. State, Tex.Cr.App., 471 S.W.2d 841 .

11976–1976
Harris v. State green
texcrimapp · 1974
1 sentence

1976The above rights are continuing rights which can be urged by me at any stage of the proceedings, and I do hereby voluntarily waive these rights and give to the said Alvin P. Johnson the person to whom this statement is being made, the following statement:” In Harris v. State, Tex.Cr.App., 516 S.W.2d 931 , at page 936, we said: “The mere signing of a boilerplate statement to the effect that an accused is knowingly waiving his rights will not discharge the prosecution’s burden of showing waiver, but is a factor to be considered in determining if the accused affirmatively waived his rights.

11976–1976
Community Savings & Loan Ass'n of Fredericksburg v. Citizens National Bank of Waco neutral
texapp · 1972
1 sentence

1973Englander Co. v. Kennedy, 428 S.W.2d 806 (Tex.Sup., 1968); Community Savings & Loan Association of Fredericksburg v. Citizens National Bank of Waco, 484 S.W.2d 116 (Waco Civ.App., 1972, writ dism.).

11973–1973
Bradshaw v. Abrams green
texcommnapp · 1930
1 sentence

1955Abrams v. Bradshaw, Tex.Civ.App., 2 S.W.2d 917 , affirmed by Supreme Court, Tex.Com.App., 24 S.W.2d 372 ; Harvey v. Gulf, C. & S. F. Ry.

11955–1955
Abrams v. Bradshaw green
texapp · 1928
1 sentence

1955Abrams v. Bradshaw, Tex.Civ.App., 2 S.W.2d 917 , affirmed by Supreme Court, Tex.Com.App., 24 S.W.2d 372 ; Harvey v. Gulf, C. & S. F. Ry.

11955–1955
Aultman v. Dallas Railway & Terminal Co. green
tex · 1953
1 sentence

1954“I tell you, as I view the matter, I don’t think a man ought to be rewarded under those circumstances, and this jury ought to tell him to go back and clean up his own back yard and if somebody invades his rights then he would have some standing in Court.” In Aultman v. Dallas Ry. & Terminal Co., Tex.Sup., 260 S.W.2d 596, 599 , Judge Calvert said that before a judgment could be reversed on account of argument “the argument must be improper, and it must be such as to satisfy the reviewing court that it was reasonably calculated to cause and probably did cause the rendition of an improper judgmen

11954–1954
Texas Power & Light Co. v. Hering green
tex · 1949
2 sentences

1954“I tell you, as I view the matter, I don’t think a man ought to be rewarded under those circumstances, and this jury ought to tell him to go back and clean up his own back yard and if somebody invades his rights then he would have some standing in Court.” In Aultman v. Dallas Ry. & Terminal Co., Tex.Sup., 260 S.W.2d 596, 599 , Judge Calvert said that before a judgment could be reversed on account of argument “the argument must be improper, and it must be such as to satisfy the reviewing court that it was reasonably calculated to cause and probably did cause the rendition of an improper judgmen

1954“I tell you, as I view the matter, I don’t think a man ought to be rewarded under those circumstances, and this jury ought to tell him to go back and clean up his own back yard and if somebody invades his rights then he would have some standing in Court.” In Aultman v. Dallas Ry. & Terminal Co., Tex.Sup., 260 S.W.2d 596, 599 , Judge Calvert said that before a judgment could be reversed on account of argument “the argument must be improper, and it must be such as to satisfy the reviewing court that it was reasonably calculated to cause and probably did cause the rendition of an improper judgmen

11954–1954
Brady v. Kreuger green
sd · 1896
1 sentence

1927Brady v. Kreuger, 8 S. D. 464, 66 N. W. 1083 , 59 Am.

11927–1927

Where else courts name it

OH 405 (1980–2026) GA 147 (1906–2026) CA 133 (1895–2026) NM 94 (1897–2026) MN 59 (1983–2026) WV 52 (1966–2026) MO 37 (1915–2025) ID 33 (1927–2021) LA 31 (1978–2018) SC 29 (1977–2023) SD 29 (1997–2026) ND 28 (1901–2026) NC 25 (1921–2021) TX 24 (1927–2020) WA 23 (1971–2024) FL 17 (1939–2016) IN 16 (1905–2014) IL 15 (1980–2026) IA 13 (1979–2017) AL 11 (1920–2025) KS 11 (1987–2025) ME 10 (1947–2023) AZ 8 (2009–2023) MA 7 (1935–2002) NY 7 (1894–1994) UT 7 (1964–2018) CO 7 (1913–2018) MT 6 (1910–2004) HI 6 (1967–2020) WI 5 (1976–2012) PA 5 (1941–2019) WY 4 (1969–2025) VT 4 (2001–2018) VA 4 (1935–2008) NJ 3 (1953–2011) MD 3 (1923–2015) OR 3 (1901–2012) TN 3 (1981–2012) GU 3 (2023–2025) AR 2 (2001–2005) DE 2 (2024–2025) NV 2 (1980–2015)

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