crux inquiry (Texas) · Go Syfert
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crux inquiry in Texas

24 Texas opinions name it 2 courts 1979–2023 1 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 (11)

CaseFollowedCited
Trimble v. Itzgreen
tex · 1995 · cited in 4 Texas opinions naming this issue, 2003–2006
2 sentences

2006In arguing the court's charge was not sufficient, appellant relies upon the teaching of cases such as Patrick v. State , 906 S.W.2d 481, 492 (Tex. Crim.

2003In arguing the court's charge was not sufficient, appellant relies upon the teaching of cases such as Patrick v. State , 906 S.W.2d 481, 492 (Tex. Crim.

44
King v. Stategreen
texcrimapp · 1997 · cited in 2 Texas opinions naming this issue, 2006–2006
2 sentences

2006When ascertaining if a statement is an excited utterance under Rule 803(2) of the Texas Rules of Evidence, the crux of the inquiry is A > whether the declarant was still dominated by the emotions, excitement, fear, or pain of the event. = @ King v. State , 953 S.W.2d 266, 269 (Tex. Crim.

2006When ascertaining if a statement is an excited utterance under Rule 803(2) of the Rules of Evidence, the crux of the inquiry is A > whether the declarant was still dominated by the emotions, excitement, fear, or pain of the event. = @ King v. State , 953 S.W.2d 266, 269 (Tex. Crim.

22
McFarland v. Stategreen
texcrimapp · 1992 · cited in 2 Texas opinions naming this issue, 2006–2006
2 sentences

2006App. 1997) (quoting McFarland v. State , 845 S.W.2d 824, 846 (Tex. Crim.

2006App. 1997) (quoting McFarland v. State , 845 S.W.2d 824, 846 (Tex. Crim.

22
Greathouse v. McConnellgreen
texapp · 1998 · cited in 2 Texas opinions naming this issue, 2005–2005
2 sentences

2005See Greathouse, 982 S.W.2d at 172 .

2005See Greathouse , 982 S.W.2d at 172 .

22
Deutsch v. Hoover, Bax & Slovacek, L.L.P.green
texapp · 2003 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023See Deutsch, 97 S.W.3d at 189 . –21– A. Breach of Fiduciary Duty In their petition and response to the Accountants’ motion for summary judgment, Rivas and MCCH asserted a fiduciary relationship existed with the Accountants because the Accountants performed additional services for them outside of normal accounting and tax services.

11
Cresthaven Nursing Residence v. Freemangreen
texapp · 2003 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020See Cresthaven Nursing Residence v. Freeman, 134 S.W.3d 214 , 233–34 (Tex. App.— Amarillo 2003, no pet.); see also IHS Acquisition No. 140, Inc. v. Travis, No. 13-07-00481- CV, 2008 WL 1822780 , at *5 (Tex. App.—Corpus Christi–Edinburg Apr. 24, 2008, pet. denied) (mem. op.) (concluding that an expert certified in geriatrics and “knowledgeable about the types of people who reside in nursing homes, their afflictions, and most importantly, the relevant treatment and standard of care for such patients,” was qualified to testify to the standard of care applicable in a claim against a nursing home f

11
Plummer, Marquis Andregreen
texcrimapp · 2013 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See Plummer, 410 S.W.3d at 865 ; Patterson, 769 S.W.2d at 941 .

11
Florida v. Bostickgreen
scotus · 1991 · cited in 1 Texas opinions naming this issue, 2018–2018
2 sentences

2018See Bostick, 501 U.S. at 436 , 111 S. Ct. at 2387 ; see also State v. Velasquez, 994 S.W.2d 676, 679 (Tex. Crim.

2018See Bostick, 501 U.S. at 436 , 111 S. Ct. at 2387 ; see also State v. Velasquez, 994 S.W.2d 676, 679 (Tex. Crim.

11
State v. Velasquezgreen
texcrimapp · 1999 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See Bostick, 501 U.S. at 436 , 111 S. Ct. at 2387 ; see also State v. Velasquez, 994 S.W.2d 676, 679 (Tex. Crim.

11
Standefer v. Stategreen
texcrimapp · 2001 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Standefer v. State, 59 S.W.3d 177, 179-84 (Tex.Crim.App. 2001).

11
Faragher v. City of Boca Ratongreen
scotus · 1998 · cited in 1 Texas opinions naming this issue, 2013–2013
2 sentences

2013Wal-Mart 18 Stores, Inc., 21 S.W.3d at 473. (citing Faragher v. City of Boca Raton, 524 U.S. 775, 787 (1998), 118 S. Ct. 2275 ; Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 , 118 S. Ct. 2257 (1998); Oncale, 523 U.S. 75 , 118 S. Ct. 998 ; Harris v. Forklift Sys., Inc., 510 U.S. 17 , 22 114 S. Ct. 367 , 370–71 (1993); and Meritor Sav.

2013Wal-Mart 18 Stores, Inc., 21 S.W.3d at 473. (citing Faragher v. City of Boca Raton, 524 U.S. 775, 787 (1998), 118 S. Ct. 2275 ; Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 , 118 S. Ct. 2257 (1998); Oncale, 523 U.S. 75 , 118 S. Ct. 998 ; Harris v. Forklift Sys., Inc., 510 U.S. 17 , 22 114 S. Ct. 367 , 370–71 (1993); and Meritor Sav.

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 (12)

CaseCitedYears
Wilkes v. State green
texcrimapp · 1978
2 sentences

1985In Wilkes v. State, 572 S.W.2d 538 (Tex.Cr.App.1978), the crux of the rule was summarized: “It has been consistently held in this State that possession means more than just being where the action is: the State must prove two elements: (1) that the accused exercised care, control, and management over the contraband, and (2) that the accused knew the matter possessed was contraband. * * * Therefore, there must be additional independent facts and circumstances which affirmatively link the accused to the contraband in such a manner that it can be concluded he had knowledge of the contraband as wel

1985The crux of this rule was perhaps best summarized in Wilkes v. State, 572 S.W.2d 538 (Tex.Cr.App.1978): “ ‘It has been consistently held in this state that possession means more than just being where the action is; the State must prove two elements: (1) that the accused exercised care, control, and management over the contraband, and (2) that the accused knew the matter possessed was contraband ...

31979–1985
Lewis v. Jacksonville Building & Loan Ass'n green
tex · 1976
2 sentences

2015Id.

2012Id.

22012–2015
French, Cody Darus green
texcrimapp · 2018
1 sentence

2020The crux of its analysis was that there was an abundance of 10 evidence germane to one of the charged offenses, but little to none for the other.2 Id. at 236-39 .

12020–2020
Patterson v. State green
texcrimapp · 1989
1 sentence

2019See Plummer, 410 S.W.3d at 865 ; Patterson, 769 S.W.2d at 941 .

12019–2019
Coastal Oil & Gas Corp. v. Garza Energy Trust green
tex · 2008
1 sentence

2015The minerals owner is entitled, not to the molecules actually residing below the surface, but to a fair chance to recover the oil and gas in or under his land, or their equivalents in kind. (emphasis added). 268 S.W.3d at 15 .

12015–2015
Harris v. Forklift Systems, Inc. green
scotus · 1993
2 sentences

2013Wal-Mart 18 Stores, Inc., 21 S.W.3d at 473. (citing Faragher v. City of Boca Raton, 524 U.S. 775, 787 (1998), 118 S. Ct. 2275 ; Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 , 118 S. Ct. 2257 (1998); Oncale, 523 U.S. 75 , 118 S. Ct. 998 ; Harris v. Forklift Sys., Inc., 510 U.S. 17 , 22 114 S. Ct. 367 , 370–71 (1993); and Meritor Sav.

2013Wal-Mart 18 Stores, Inc., 21 S.W.3d at 473. (citing Faragher v. City of Boca Raton, 524 U.S. 775, 787 (1998), 118 S. Ct. 2275 ; Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 , 118 S. Ct. 2257 (1998); Oncale, 523 U.S. 75 , 118 S. Ct. 998 ; Harris v. Forklift Sys., Inc., 510 U.S. 17 , 22 114 S. Ct. 367 , 370–71 (1993); and Meritor Sav.

12013–2013
Burlington Industries, Inc. v. Ellerth green
scotus · 1998
2 sentences

2013Wal-Mart 18 Stores, Inc., 21 S.W.3d at 473. (citing Faragher v. City of Boca Raton, 524 U.S. 775, 787 (1998), 118 S. Ct. 2275 ; Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 , 118 S. Ct. 2257 (1998); Oncale, 523 U.S. 75 , 118 S. Ct. 998 ; Harris v. Forklift Sys., Inc., 510 U.S. 17 , 22 114 S. Ct. 367 , 370–71 (1993); and Meritor Sav.

2013Wal-Mart 18 Stores, Inc., 21 S.W.3d at 473. (citing Faragher v. City of Boca Raton, 524 U.S. 775, 787 (1998), 118 S. Ct. 2275 ; Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 , 118 S. Ct. 2257 (1998); Oncale, 523 U.S. 75 , 118 S. Ct. 998 ; Harris v. Forklift Sys., Inc., 510 U.S. 17 , 22 114 S. Ct. 367 , 370–71 (1993); and Meritor Sav.

12013–2013
Oncale v. Sundowner Offshore Services, Inc. green
scotus · 1998
2 sentences

2013Wal-Mart 18 Stores, Inc., 21 S.W.3d at 473. (citing Faragher v. City of Boca Raton, 524 U.S. 775, 787 (1998), 118 S. Ct. 2275 ; Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 , 118 S. Ct. 2257 (1998); Oncale, 523 U.S. 75 , 118 S. Ct. 998 ; Harris v. Forklift Sys., Inc., 510 U.S. 17 , 22 114 S. Ct. 367 , 370–71 (1993); and Meritor Sav.

2013Wal-Mart 18 Stores, Inc., 21 S.W.3d at 473. (citing Faragher v. City of Boca Raton, 524 U.S. 775, 787 (1998), 118 S. Ct. 2275 ; Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 , 118 S. Ct. 2257 (1998); Oncale, 523 U.S. 75 , 118 S. Ct. 998 ; Harris v. Forklift Sys., Inc., 510 U.S. 17 , 22 114 S. Ct. 367 , 370–71 (1993); and Meritor Sav.

12013–2013
Yanez v. State green
texapp · 2006
1 sentence

2007Yanez, 187 S.W.3d at 741 .

12007–2007
Roise v. State green
texapp · 1999
1 sentence

2001Roise, 7 S.W.3d at 234 .

12001–2001
Harrison v. United States green
scotus · 1968
2 sentences

1998“If he did so in order to overcome the impact of the confessions illegally obtained and hence, improperly introduced, then his testimony was tainted by the same illegality that rendered the confessions themselves inadmissible.” Id., 392 U.S. at 223 , 88 S.Ct. at 2010 .

1998“If he did so in order to overcome the impact of the confessions illegally obtained and hence, improperly introduced, then his testimony was tainted by the same illegality that rendered the confessions themselves inadmissible.” Id., 392 U.S. at 223 , 88 S.Ct. at 2010 .

11998–1998
Rice v. State green
texcrimapp · 1977
1 sentence

1985In Wilkes v. State, 572 S.W.2d 538 (Tex.Cr.App.1978), the crux of the rule was summarized: “It has been consistently held in this State that possession means more than just being where the action is: the State must prove two elements: (1) that the accused exercised care, control, and management over the contraband, and (2) that the accused knew the matter possessed was contraband. * * * Therefore, there must be additional independent facts and circumstances which affirmatively link the accused to the contraband in such a manner that it can be concluded he had knowledge of the contraband as wel

11985–1985

Statutes the citing opinions construe

TX § Tex. Penal Code § 29.02 (4)

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

IL 47 (1974–2026) CA 44 (1963–2026) TX 24 (1979–2023) NY 24 (1970–2026) KY 24 (2000–2026) MD 22 (1970–2023) PA 13 (1960–2025) MI 11 (1995–2023) MA 9 (1979–2024) WA 8 (2014–2024) OH 7 (2000–2025) IN 7 (1979–2019) CT 7 (1988–2025) MO 7 (1981–2023) FL 6 (1975–2019) NJ 6 (1988–2026) OR 6 (1978–2023) UT 5 (1993–2014) CO 5 (1977–2026) LA 4 (1990–2016) DC 4 (1977–2005) NC 4 (1993–2021) NM 4 (2008–2014) GA 3 (1988–2020) IA 3 (1988–2013) VA 3 (2006–2022) ID 3 (1990–2021) WI 3 (2010–2023) KS 2 (2018–2025) AR 2 (2005–2016) MN 2 (1994–2007) WV 2 (2022–2022) AZ 2 (2000–2023) AL 2 (1999–2006) TN 2 (2013–2013) WY 2 (1978–2012)

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.

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