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24 Texas opinions name it 4 courts 1961–2018 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.
| Case | Followed | Cited |
|---|---|---|
Stults v. Stategreen2 sentences2016“When the record is silent as to counsel’s reasons for his conduct, finding counsel ineffective would call for speculation by the appellate court, [and] [a]n appellate court will not speculate about the reasons underlying defense counsel’s decisions.” Stults v. State, 23 S.W.3d 198, 208 (Tex. App.—Houston [14th Dist.] 2000, pet. ref’d). 2016“When the record is silent as to counsel’s reasons for his conduct, finding counsel ineffective would call for speculation by the appellate court, [and] [a]n appellate court will not speculate about the reasons underlying defense counsel’s decisions.” Stults v. State, 23 S.W.3d 198, 208 (Tex. App.—Houston [14th Dist.] 2000, pet. ref’d). | 7 | 10 |
Ruiz v. Stategreen2 sentences2016“If the record is silent as to the reasoning behind counsel’s actions, the presumption of effectiveness is sufficient to deny relief.” Ruiz v. State, 293 S.W.3d 685, 691 (Tex. App.—San Antonio 2009, pet. ref’d). 2016“If the record is silent as to the reasoning behind counsel’s actions, the presumption of effectiveness is sufficient to deny relief.” Ruiz v. State, 293 S.W.3d 685, 691 (Tex. App.—San Antonio 2009, pet. ref’d). | 4 | 4 |
Jackson v. Stategreen2 sentences2015Id.; Jackson, 877 S.W.2d at 771 . 2014Id.; see Jackson, 877 S.W.2d at 771 . | 1 | 5 |
Bone v. Stategreen2 sentences2005See Bone , 77 S.W.3d at 835 ( A Ineffective assistance of counsel claims are not built on retrospective speculation; they must > be firmly founded in the record. = @ ); Stults v. State , 23 S.W.3d 198, 208 (Tex. App. C Houston [14th Dist.] 2000, pet. ref = d) ( A An appellate court will not speculate about the reasons underlying defense counsel = s decisions. @ ). 2004See Stults v. State , 23 S.W.3d 198, 208 (Tex. App. C Houston [14th Dist.] 2000, pet. ref = d); see also Freeman , 125 S.W.3d at 506 B 07; Bone , 77 S.W.3d at 833 n.13, 836. | 1 | 2 |
Thompson v. Stategreen1 sentence2018See Thompson, 9 S.W.3d at 813 . | 1 | 1 |
Freeman v. Stategreen1 sentence2004See Stults v. State , 23 S.W.3d 198, 208 (Tex. App. C Houston [14th Dist.] 2000, pet. ref = d); see also Freeman , 125 S.W.3d at 506 B 07; Bone , 77 S.W.3d at 833 n.13, 836. | 1 | 1 |
Murphy v. Stategreen1 sentence2004See Murphy , 112 S.W.3d at 601 ; Stults , 23 S.W.3d at 208 . | 1 | 1 |
United States v. Harvey Birdman, United States of America v. William Richmangreen2 sentences1996See Birdman, supra. In testifying that no deal was made and then arguing that she was telling the truth, the prosecutor combined her credibility as a witness and a prosecutor before the jury, giving testimonial credit to her closing argument. [3] She further improperly invoked the prestige of her position as a prosecutor to bolster her credibility as a witness by suggesting that a public servant does not lie. 1996See Birdman, supra. In testifying that no deal was made and then arguing that she was telling the truth, the prosecutor combined her credibility as a witness and a prosecutor before the jury, giving testimonial credit to her closing argument. 3 She further improperly invoked the prestige of her position as a prosecutor to bolster her credibility as a witness by suggesting that a public servant does not lie. | 1 | 1 |
Matter of LGgreen1 sentence1994In re L.G. , 728 S.W.2d at 944-45. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bumpus v. Fisher
neutral
2 sentences1988Bumpus v. Fisher, 21 Tex. 561 , 568 ; 13 A.L.R. 1348 ; 173 A.L.R. 806 . 1988J3um~ Fisher 21 Tex. 561, 568 ; 13 A.L.R:13& 173 A:L.R. 806. | 3 | 1961–1988 |
Henson, Kevin Ray
green
1 sentence2017One of the reasons underlying the rule requiring a speedy-trial complaint to be preserved is that “[a]t least two of the Barker factors (the reason for delay and the prejudice to the accused) are fact-specific inquiries and may not be readily apparent from the trial record,” and therefore requiring an appellant to preserve a speedy-trial complaint “enables the [trial] court to hold a hearing and develop this record so that the appellate courts may more accurately assess the claim.” Henson, 407 S.W.3d at 769 . | 1 | 2017–2017 |
Gamble v. State
green
1 sentence2004Id. | 1 | 2004–2004 |
Pruitt v. Turner
green
2 sentences1963(See Pruitt v. Turner, Tex.Civ.App., 336 S.W.2d 440 ). 1963(See Pruitt v. Turner, Tex.Civ.App., 336 S.W.2d 440 ). | 1 | 1963–1963 |
Turner v. Pruitt
green
2 sentences1963Motives are not always readily justified to the public, even in cases where they have been purest; and the safe rule for the public is that which protects its officers in acting fearlessly, so long as they keep within the limits of their legal discretion.’ ” In Turner v. Pruitt, 161 Tex. 532 , 342 S.W.2d 422 , Judge Calvert, speaking for our Supreme Court, stated as follows: “The same reasons underlying immunity of district judges from tort liability for acts performed or not performed in judicial proceedings require a conclusion that justices of the peace should enjoy like immunity when actin 1963Motives are not always readily justified to the public, even in cases where they have been purest; and the safe rule for the public is that which protects its officers in acting fearlessly, so long as they keep within the limits of their legal discretion.’ ” In Turner v. Pruitt, 161 Tex. 532 , 342 S.W.2d 422 , Judge Calvert, speaking for our Supreme Court, stated as follows: “The same reasons underlying immunity of district judges from tort liability for acts performed or not performed in judicial proceedings require a conclusion that justices of the peace should enjoy like immunity when actin | 1 | 1963–1963 |
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.
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.