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23 Texas opinions name it 1 courts 1991–2025 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 |
|---|---|---|
Breazeale v. Stategreen2 sentences2023This recital shows that the trial court conducted an inquiry into Appellant’s ability to pay because “[r]ecitals contained in a judgment create a presumption of regularity and truthfulness, absent an affirmative showing to the contrary.” Simms v. State, 848 S.W.2d 754, 756 (Tex. App.—Houston [1st Dist.] 1993, pet. ref’d) (citing Breazeale v. State, 683 S.W.2d 446 , 450–51 (Tex. Crim. 2022The trial court’s judgment recites the following: “After having conducted an inquiry into Defendant’s ability to pay, the Court ORDERS Defendant to pay the fines, court costs, [and] reimbursement fees.” This recital shows that the trial court conducted an inquiry into Ferguson’s ability to pay because “[r]ecitals contained in a judgment create a presumption of regularity and truthfulness, absent an affirmative showing to the contrary.” Simms v. State, 848 S.W.2d 754, 756 (Tex. App.—Houston [1st Dist.] 1993, pet. 4 ref’d) (citing Breazeale v. State, 683 S.W.2d 446 , 450–51 (Tex. Crim. | 16 | 20 |
Simms v. Stategreen2 sentences2023This recital shows that the trial court conducted an inquiry into Appellant’s ability to pay because “[r]ecitals contained in a judgment create a presumption of regularity and truthfulness, absent an affirmative showing to the contrary.” Simms v. State, 848 S.W.2d 754, 756 (Tex. App.—Houston [1st Dist.] 1993, pet. ref’d) (citing Breazeale v. State, 683 S.W.2d 446 , 450–51 (Tex. Crim. 2022The trial court’s judgment recites the following: “After having conducted an inquiry into Defendant’s ability to pay, the Court ORDERS Defendant to pay the fines, court costs, [and] reimbursement fees.” This recital shows that the trial court conducted an inquiry into Ferguson’s ability to pay because “[r]ecitals contained in a judgment create a presumption of regularity and truthfulness, absent an affirmative showing to the contrary.” Simms v. State, 848 S.W.2d 754, 756 (Tex. App.—Houston [1st Dist.] 1993, pet. 4 ref’d) (citing Breazeale v. State, 683 S.W.2d 446 , 450–51 (Tex. Crim. | 5 | 6 |
Johnson v. Stategreen1 sentence2025Id. (first citing Johnson v. State, 72 S.W.3d 346, 349 (Tex. Crim App. 2002); then citing 1 Regarding preservation of error, the court further stated that it would not presume that the defendant entered a plea of “true” to the enhancement allegation when the defendant did not object to the finding—“much like we would not presume that a defendant entered a plea of guilty when he fails to object to a guilty verdict”—because the State has the burden to prove each element of the indictment. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re Borunda
green
2 sentences2020“Recitations in a judgment create a presumption of regularity and truthfulness, absent an affirmative showing to the contrary.” In re Borunda, 528 S.W.3d 149 , 151 n.1 (Tex. App.—El Paso 2017, orig. proceeding). 2020“Recitations in a judgment create a presumption of regularity and truthfulness, absent an affirmative showing to the contrary.” In re Borunda, 528 S.W.3d 149 , 151 n.1 (Tex. App.--El Paso 2017, orig. proceeding). | 2 | 2020–2020 |
Pns Stores, Inc., D/B/A MacFrugal's Bargain Closeouts D/B/A MacFrugals, Inc. v. Anna E. Rivera as Next Friend for Rachel Rivera
green
1 sentence2020“But that presumption disappears when the record establishes a jurisdictional defect.” Rivera, 379 S.W.3d at 273 . | 1 | 2020–2020 |
Thompson v. State
green
1 sentence2019In addition, recitals in a judgment create a presumption of regularity and truthfulness in the absence of an affirmative showing to contrary, see Simms, 848 S.W.2d at 756 , and there is nothing in the record demonstrating that the judgments are incorrect, see Thompson, 9 S.W.3d at 814 . | 1 | 2019–2019 |
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.