two- pronged test (Texas) · Go Syfert
← Texas issues

two- pronged test in Texas

140 Texas opinions name it 6 courts 1970–2026 15 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 (56)

CaseFollowedCited
Strickland v. Washingtongreen
scotus · 1984 · cited in 49 Texas opinions naming this issue, 1986–2026
2 sentences

2026The State argues that Contreras’s trial counsel was not ineffective because not requesting the lesser included charge may have been reasonable trial strategy. -5- 04-24-00784-CR A. Applicable Law In Strickland v. Washington, 466 U.S. 668, 687 (1984), the Supreme Court set the two- pronged test for determining claims of ineffective assistance of counsel: (1) whether counsel was deficient, and (2) whether the defendant suffered prejudice because of counsel’s error.

2022Appellant has not argued that he was deprived of his Sixth Amendment right to counsel, nor does he cite the two- pronged test of Strickland v. Washington, 466 U.S. 668 , 104 S. Ct. 2052 (1984).

1449
Hernandez v. Stategreen
texcrimapp · 1986 · cited in 19 Texas opinions naming this issue, 2001–2019
2 sentences

2015To prevail on an ineffective assistance of counsel claim, an appellant must meet the two- pronged test set out in Strickland v. Washington, 466 U.S. 668 (1984), and adopted by the Texas ‐4‐ Court of Criminal Appeals in Hernandez v. State, 726 S.W.2d 53 (Tex. Crim.

2015We review ineffective assistance of counsel claims under the two- pronged test articulated in Strickland v. Washington. 466 U.S. 668 , 47 687 (1984); see Hernandez v. State, 726 S.W.2d 53, 57 (Tex. Crim.

1319
Almanza v. Stategreen
texcrimapp · 1985 · cited in 5 Texas opinions naming this issue, 2015–2026
2 sentences

2026“We review claims of jury charge error under the two pronged test set out in Almanza v. State . . . .” Gomez v. State, 459 S.W.3d 651, 660 (Tex. App.—Tyler 2015, pet. ref’d) (citing Almanza, 686 S.W.2d at 171 (op. on reh’g); Kuhn v. State, 393 S.W.3d 519, 524 (Tex. App.—Austin 2013, pet. ref’d); Swearingen v. State, 270 S.W.3d 804, 808 (Tex. App.—Austin 2008, pet. ref’d)).

2022Standard of Review We review claims of jury charge error under the two pronged test set out in Almanza v. State, 686 S.W.2d 157, 171 (Tex. Crim.

55
Rousseau v. Stategreen
texcrimapp · 1993 · cited in 5 Texas opinions naming this issue, 2001–2005
2 sentences

2005Rousseau v. State , 855 S.W.2d 666, 672 (Tex. Crim.

2005Rousseau v. State , 855 S.W.2d 666, 672 (Tex. Crim.

55
Lindsey v. Lindseygreen
texapp · 1998 · cited in 8 Texas opinions naming this issue, 2003–2018
2 sentences

2018Because of this, our courts of appeals have generally "engage[d] in a two pronged inquiry: (1) Did the trial court have sufficient information upon which to exercise its discretion; and (2) Did the trial court err in its application of discretion?" Lindsey v. Lindsey , 965 S.W.2d 589 , 592 (Tex. App.-El Paso 1998, no pet.) ; accord Roberts , 531 S.W.3d at 231 , Beshears v. Beshears , 423 S.W.3d 493 , 499 (Tex. App.-Dallas 2014, no pet.) ; Iliff v. Iliff , 339 S.W.3d 126 , 134 (Tex. App.-Austin 2009), aff'd, 339 S.W.3d 74 (Tex. 2011) ; Swaab v. Swaab , 282 S.W.3d 519 , 525 (Tex. App.-Houston [1

2018Because of this, our courts of appeals have generally “engage[d] in a two pronged inquiry: (1) Did the trial court have sufficient information upon which to exercise its discretion; and (2) Did the trial court err in its application of discretion?” Lindsey v. Lindsey, 965 S.W.2d 589, 592 (Tex. App.—El Paso 1998, no pet.); accord Roberts, 531 S.W.3d at 231 , Beshears v. Beshears, 423 S.W.3d 493, 499 (Tex. App.—Dallas 2014, no pet.); Iliff v. Iliff, 339 S.W.3d 126, 134 (Tex. App.—Austin 2009), aff’d, 339 S.W.3d 74 (Tex. 2011); Swaab v. Swaab, 282 S.W.3d 519, 525 (Tex. App.—Houston [14th Dist.] 2

38
Bill Boyd Kuhn v. Stategreen
texapp · 2013 · cited in 3 Texas opinions naming this issue, 2015–2026
2 sentences

2026“We review claims of jury charge error under the two pronged test set out in Almanza v. State . . . .” Gomez v. State, 459 S.W.3d 651, 660 (Tex. App.—Tyler 2015, pet. ref’d) (citing Almanza, 686 S.W.2d at 171 (op. on reh’g); Kuhn v. State, 393 S.W.3d 519, 524 (Tex. App.—Austin 2013, pet. ref’d); Swearingen v. State, 270 S.W.3d 804, 808 (Tex. App.—Austin 2008, pet. ref’d)).

2015Standard of Review We review claims of jury charge error under the two pronged test set out in Almanza v. State, 686 S.W.2d 157, 171 (Tex.Crim.App.1985) (op. on reh’g); see Kuhn v. State, 393 S.W.3d 519, 524 (Tex.App.-Austin 2013, pet. ref'd); Swearingen v. State, 270 S.W.3d 804, 808 (Tex.App.-Austin 2008, pet. ref'd).

33
Swearingen v. Stategreen
texapp · 2008 · cited in 3 Texas opinions naming this issue, 2015–2026
2 sentences

2026“We review claims of jury charge error under the two pronged test set out in Almanza v. State . . . .” Gomez v. State, 459 S.W.3d 651, 660 (Tex. App.—Tyler 2015, pet. ref’d) (citing Almanza, 686 S.W.2d at 171 (op. on reh’g); Kuhn v. State, 393 S.W.3d 519, 524 (Tex. App.—Austin 2013, pet. ref’d); Swearingen v. State, 270 S.W.3d 804, 808 (Tex. App.—Austin 2008, pet. ref’d)).

2015Standard of Review We review claims of jury charge error under the two pronged test set out in Almanza v. State, 686 S.W.2d 157, 171 (Tex.Crim.App.1985) (op. on reh’g); see Kuhn v. State, 393 S.W.3d 519, 524 (Tex.App.-Austin 2013, pet. ref'd); Swearingen v. State, 270 S.W.3d 804, 808 (Tex.App.-Austin 2008, pet. ref'd).

33
Castleberry v. Branscumred
tex · 1986 · cited in 3 Texas opinions naming this issue, 1990–2005
2 sentences

2005Castleberry v. Branscum, 721 S.W.2d 270, 276-77 (Tex.1986).

2005Castleberry v. Branscum , 721 S.W.2d 270, 276-77 (Tex. 1986).

33
Zeifman v. Michelsgreen
texapp · 2006 · cited in 7 Texas opinions naming this issue, 2015–2022
2 sentences

2022This motion, which has been carried with the case, is rendered moot by our decision on the merits of the petition. 6 which to exercise its discretion; and, if so, (2) whether the trial court erred in its application of discretion based on that information.” Id. (citing Zeifman v. Michels, 212 S.W.3d 582 , 587–88 (Tex. App.—Austin 2006, pet. denied)).

2021Id.; Zeifman, 212 S.W.3d at 588 .

27
Lopez v. Stategreen
texcrimapp · 2011 · cited in 2 Texas opinions naming this issue, 2012–2019
2 sentences

2019Strickland, 466 U.S. at 687 ; see also Lopez, 343 S.W.3d at 142 ; and Hernandez v. State, 726 S.W.2d 53, 55 (Tex. Crim.

2012APPLICABLE LAW “To prevail on a claim of ineffective assistance of counsel, an appellant must meet the two- pronged test established by the U.S. Supreme Court in Strickland, and adopted by Texas two years later in Hernandez.” Lopez v. State, 343 S.W.3d 137, 142 (Tex. Crim.

22
Roberts v. Robertsgreen
texapp · 2017 · cited in 2 Texas opinions naming this issue, 2018–2018
2 sentences

2018Because of this, our courts of appeals have generally "engage[d] in a two pronged inquiry: (1) Did the trial court have sufficient information upon which to exercise its discretion; and (2) Did the trial court err in its application of discretion?" Lindsey v. Lindsey , 965 S.W.2d 589 , 592 (Tex. App.-El Paso 1998, no pet.) ; accord Roberts , 531 S.W.3d at 231 , Beshears v. Beshears , 423 S.W.3d 493 , 499 (Tex. App.-Dallas 2014, no pet.) ; Iliff v. Iliff , 339 S.W.3d 126 , 134 (Tex. App.-Austin 2009), aff'd, 339 S.W.3d 74 (Tex. 2011) ; Swaab v. Swaab , 282 S.W.3d 519 , 525 (Tex. App.-Houston [1

2018Because of this, our courts of appeals have generally “engage[d] in a two pronged inquiry: (1) Did the trial court have sufficient information upon which to exercise its discretion; and (2) Did the trial court err in its application of discretion?” Lindsey v. Lindsey, 965 S.W.2d 589, 592 (Tex. App.—El Paso 1998, no pet.); accord Roberts, 531 S.W.3d at 231 , Beshears v. Beshears, 423 S.W.3d 493, 499 (Tex. App.—Dallas 2014, no pet.); Iliff v. Iliff, 339 S.W.3d 126, 134 (Tex. App.—Austin 2009), aff’d, 339 S.W.3d 74 (Tex. 2011); Swaab v. Swaab, 282 S.W.3d 519, 525 (Tex. App.—Houston [14th Dist.] 2

22
Judith Karen Beshears v. Donald Beshearsgreen
texapp · 2014 · cited in 2 Texas opinions naming this issue, 2018–2018
2 sentences

2018Because of this, our courts of appeals have generally "engage[d] in a two pronged inquiry: (1) Did the trial court have sufficient information upon which to exercise its discretion; and (2) Did the trial court err in its application of discretion?" Lindsey v. Lindsey , 965 S.W.2d 589 , 592 (Tex. App.-El Paso 1998, no pet.) ; accord Roberts , 531 S.W.3d at 231 , Beshears v. Beshears , 423 S.W.3d 493 , 499 (Tex. App.-Dallas 2014, no pet.) ; Iliff v. Iliff , 339 S.W.3d 126 , 134 (Tex. App.-Austin 2009), aff'd, 339 S.W.3d 74 (Tex. 2011) ; Swaab v. Swaab , 282 S.W.3d 519 , 525 (Tex. App.-Houston [1

2018Because of this, our courts of appeals have generally “engage[d] in a two pronged inquiry: (1) Did the trial court have sufficient information upon which to exercise its discretion; and (2) Did the trial court err in its application of discretion?” Lindsey v. Lindsey, 965 S.W.2d 589, 592 (Tex. App.—El Paso 1998, no pet.); accord Roberts, 531 S.W.3d at 231 , Beshears v. Beshears, 423 S.W.3d 493, 499 (Tex. App.—Dallas 2014, no pet.); Iliff v. Iliff, 339 S.W.3d 126, 134 (Tex. App.—Austin 2009), aff’d, 339 S.W.3d 74 (Tex. 2011); Swaab v. Swaab, 282 S.W.3d 519, 525 (Tex. App.—Houston [14th Dist.] 2

22
In Re MACgreen
texapp · 1999 · cited in 2 Texas opinions naming this issue, 2005–2013
2 sentences

2013See In the Matter of M.A.C., 999 S.W.2d 442, 446 (Tex. App.—El Paso 1999, no pet.).

2005In re M.A.C ., 999 S.W.2d 442,446 (Tex. App.—El Paso 1999, no pet).

22
Ex Parte Watsongreen
texcrimapp · 2009 · cited in 2 Texas opinions naming this issue, 2012–2012
2 sentences

2012See Ex parte Watson, 306 S.W.3d 259, 272-73 (Tex. Crim.

2012See Ex parte Watson, 306 S.W.3d 259, 272-73 (Tex. Crim.

22
Hampton v. Stategreen
texcrimapp · 2003 · cited in 2 Texas opinions naming this issue, 2004–2004
2 sentences

2004Hampton v. State , 109 S.W.3d 437, 440 (Tex. Crim.

2004Hampton v. State, 109 S.W.3d 437, 440 (Tex. Crim.

22
Wesbrook v. Stategreen
texcrimapp · 2000 · cited in 2 Texas opinions naming this issue, 2004–2004
2 sentences

2004Wesbrook v. State, 29 S.W.3d 103, 113 (Tex. Crim.

2004Wesbrook v. State , 29 S.W.3d 103, 113 (Tex. Crim.

22
Sandone v. Miller-Sandonegreen
texapp · 2003 · cited in 3 Texas opinions naming this issue, 2008–2011
2 sentences

2011Sandone v. Miller-Sandone, 116 S.W.3d 204, 206 (Tex. App.–El Paso 2003, no pet.).

2008Sandone, 116 S.W.3d at 206 .

13
Swaab v. Swaabgreen
texapp · 2008 · cited in 2 Texas opinions naming this issue, 2018–2018
2 sentences

2018Because of this, our courts of appeals have generally "engage[d] in a two pronged inquiry: (1) Did the trial court have sufficient information upon which to exercise its discretion; and (2) Did the trial court err in its application of discretion?" Lindsey v. Lindsey , 965 S.W.2d 589 , 592 (Tex. App.-El Paso 1998, no pet.) ; accord Roberts , 531 S.W.3d at 231 , Beshears v. Beshears , 423 S.W.3d 493 , 499 (Tex. App.-Dallas 2014, no pet.) ; Iliff v. Iliff , 339 S.W.3d 126 , 134 (Tex. App.-Austin 2009), aff'd, 339 S.W.3d 74 (Tex. 2011) ; Swaab v. Swaab , 282 S.W.3d 519 , 525 (Tex. App.-Houston [1

2018Because of this, our courts of appeals have generally “engage[d] in a two pronged inquiry: (1) Did the trial court have sufficient information upon which to exercise its discretion; and (2) Did the trial court err in its application of discretion?” Lindsey v. Lindsey, 965 S.W.2d 589, 592 (Tex. App.—El Paso 1998, no pet.); accord Roberts, 531 S.W.3d at 231 , Beshears v. Beshears, 423 S.W.3d 493, 499 (Tex. App.—Dallas 2014, no pet.); Iliff v. Iliff, 339 S.W.3d 126, 134 (Tex. App.—Austin 2009), aff’d, 339 S.W.3d 74 (Tex. 2011); Swaab v. Swaab, 282 S.W.3d 519, 525 (Tex. App.—Houston [14th Dist.] 2

12
Iliff v. Iliffgreen
texapp · 2009 · cited in 2 Texas opinions naming this issue, 2018–2018
2 sentences

2018Because of this, our courts of appeals have generally "engage[d] in a two pronged inquiry: (1) Did the trial court have sufficient information upon which to exercise its discretion; and (2) Did the trial court err in its application of discretion?" Lindsey v. Lindsey , 965 S.W.2d 589 , 592 (Tex. App.-El Paso 1998, no pet.) ; accord Roberts , 531 S.W.3d at 231 , Beshears v. Beshears , 423 S.W.3d 493 , 499 (Tex. App.-Dallas 2014, no pet.) ; Iliff v. Iliff , 339 S.W.3d 126 , 134 (Tex. App.-Austin 2009), aff'd, 339 S.W.3d 74 (Tex. 2011) ; Swaab v. Swaab , 282 S.W.3d 519 , 525 (Tex. App.-Houston [1

2018Because of this, our courts of appeals have generally “engage[d] in a two pronged inquiry: (1) Did the trial court have sufficient information upon which to exercise its discretion; and (2) Did the trial court err in its application of discretion?” Lindsey v. Lindsey, 965 S.W.2d 589, 592 (Tex. App.—El Paso 1998, no pet.); accord Roberts, 531 S.W.3d at 231 , Beshears v. Beshears, 423 S.W.3d 493, 499 (Tex. App.—Dallas 2014, no pet.); Iliff v. Iliff, 339 S.W.3d 126, 134 (Tex. App.—Austin 2009), aff’d, 339 S.W.3d 74 (Tex. 2011); Swaab v. Swaab, 282 S.W.3d 519, 525 (Tex. App.—Houston [14th Dist.] 2

12
Boyd v. Boydgreen
texapp · 2004 · cited in 2 Texas opinions naming this issue, 2018–2018
2 sentences

2018Because of this, our courts of appeals have generally "engage[d] in a two pronged inquiry: (1) Did the trial court have sufficient information upon which to exercise its discretion; and (2) Did the trial court err in its application of discretion?" Lindsey v. Lindsey , 965 S.W.2d 589 , 592 (Tex. App.-El Paso 1998, no pet.) ; accord Roberts , 531 S.W.3d at 231 , Beshears v. Beshears , 423 S.W.3d 493 , 499 (Tex. App.-Dallas 2014, no pet.) ; Iliff v. Iliff , 339 S.W.3d 126 , 134 (Tex. App.-Austin 2009), aff'd, 339 S.W.3d 74 (Tex. 2011) ; Swaab v. Swaab , 282 S.W.3d 519 , 525 (Tex. App.-Houston [1

2018Because of this, our courts of appeals have generally “engage[d] in a two pronged inquiry: (1) Did the trial court have sufficient information upon which to exercise its discretion; and (2) Did the trial court err in its application of discretion?” Lindsey v. Lindsey, 965 S.W.2d 589, 592 (Tex. App.—El Paso 1998, no pet.); accord Roberts, 531 S.W.3d at 231 , Beshears v. Beshears, 423 S.W.3d 493, 499 (Tex. App.—Dallas 2014, no pet.); Iliff v. Iliff, 339 S.W.3d 126, 134 (Tex. App.—Austin 2009), aff’d, 339 S.W.3d 74 (Tex. 2011); Swaab v. Swaab, 282 S.W.3d 519, 525 (Tex. App.—Houston [14th Dist.] 2

12
Coates v. Whittingtongreen
tex · 1988 · cited in 2 Texas opinions naming this issue, 1990–2016
2 sentences

2016“Rule 204.1, by its express language, places an affirmative burden on the movant to meet a two pronged test: (1) the movant must show that the party’s condition is ‘in controversy*; and (2) the movant must demonstrate that there is ‘good cause’ for such an examination.” Id.; see also Coates v. Whittington, 758 S.W.2d 749, 751 (Tex.1988) (orig.proceeding) (identifying same test with respect to mental examinations under predecessor rule to 204.1), “A plaintiff in a negligence action who asserts mental or physical injury ... places that mental or physical injury in controversy and provides the de

1990In the absence of an affirmative showing of both prongs of the test, a trial court may not order an examination pursuant to Rule 167a. 758 S.W.2d at 751 .

12
Illinois v. Gatesgreen
scotus · 1983 · cited in 2 Texas opinions naming this issue, 1987–2010
2 sentences

1987I also dissent to the majority opinion because I believe that the two pronged test of Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964), which this Court has in the past religiously adhered to, should not be abandoned in favor of the "totality of the circumstances" test pronounced in Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983).

1987I also dissent to the majority opinion because I believe that the two pronged test of Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964), which this Court has in the past religiously adhered to, should not be abandoned in favor of the "totality of the circumstances" test pronounced in Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983).

12
Moore v. Stategreen
texcrimapp · 1985 · cited in 2 Texas opinions naming this issue, 1986–1988
12
Ngo v. Stategreen
texcrimapp · 2005 · cited in 1 Texas opinions naming this issue, 2026–2026
11
Villa v. Stategreen
texcrimapp · 2013 · cited in 1 Texas opinions naming this issue, 2026–2026
11
Cesar Gomez v. Stategreen
texapp · 2015 · cited in 1 Texas opinions naming this issue, 2026–2026
11
Vardilos v. Vardilosgreen
texapp · 2007 · cited in 1 Texas opinions naming this issue, 2024–2024
11
Thompson v. Stategreen
texcrimapp · 1999 · cited in 1 Texas opinions naming this issue, 2022–2022
11
Echols v. Olivarezgreen
texapp · 2002 · cited in 1 Texas opinions naming this issue, 2022–2022
11
Kirk Brand Coburn v. Janet Morelandgreen
texapp · 2014 · cited in 1 Texas opinions naming this issue, 2021–2021
11
United States v. Louis C. Ostrergreen
ca2 · 1979 · cited in 1 Texas opinions naming this issue, 2020–2020
11
In re Interest of J.J.G.green
texapp · 2017 · cited in 1 Texas opinions naming this issue, 2019–2019
11
Monroe v. Monroegreen
texapp · 2011 · cited in 1 Texas opinions naming this issue, 2017–2017
11
Schlagenhauf v. Holdergreen
scotus · 1965 · cited in 1 Texas opinions naming this issue, 2016–2016
11
Gulf Land Co. v. Atlantic Refining Co.green
tex · 1939 · cited in 1 Texas opinions naming this issue, 2015–2015
11
Wright Way Construction Co. v. Harlingen Mall Co.green
texapp · 1990 · cited in 1 Texas opinions naming this issue, 2014–2014
11
Smith v. Stategreen
texcrimapp · 2009 · cited in 1 Texas opinions naming this issue, 2013–2013
11
in Re State of Texas Ex Rel, Tharp, Jennifergreen
texcrimapp · 2012 · cited in 1 Texas opinions naming this issue, 2013–2013
11
Mitchell v. Stategreen
texcrimapp · 2002 · cited in 1 Texas opinions naming this issue, 2012–2012
11
Frommer v. Frommergreen
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2011–2011
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 (24)

CaseCitedYears
Aguilar v. Texas red
scotus · 1964
2 sentences

1994This case effectively overrules the more stringent two pronged test set forth in Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964).

1994This case effectively overrules the more stringent two pronged test set forth in Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964).

71971–1994
Garza v. Garza green
texapp · 2006
2 sentences

2017Therefore, upon review of the trial court’s division of property, we engage in a two pronged inquiry: “(1) did the trial court have sufficient evidence upon which to exercise its discretion, and (2) did the trial court err in its application of that discretion?” Monroe v. Monroe, 358 S.W.3d 711, 719 (Tex. App.-San Antonio 2011, pet. denied) (quoting Garza, 217 S.W.3d at 549 ); Palaez v. Juarez, 04-14-00022-CV, 2014 WL 7183483 , at *3 (Tex. App.-San Antonio Dec. 17, 2014, pet. denied) (mem. op.).

2011To aid in our decision, we engage in a two pronged inquiry: "(1) did the trial court have sufficient evidence upon which to exercise its discretion, and (2) did the trial court err in its application of that discretion?" Garza v. Garza, 217 S.W.3d at 549 .

52008–2017
Hall v. State green
texcrimapp · 2007
2 sentences

2018Hall v. State, 225 S.W.3d 524 , 535–36 (Tex. Crim.

2017Hall v. State, 225 S.W.3d 524 , 535–36 (Tex. Crim.

32017–2018
State Ex Rel. Young v. SIXTH JUD. DISTRICT green
texcrimapp · 2007
2 sentences

2011As we pointed out in Young, “we determine whether the court of appeals abused its discretion essentially by undertaking a ‘de novo application of the two pronged test’ ” for mandamus relief. 236 S.W.3d at 210-11 (citing George E.

2011As we pointed out in Young, “we determine whether the court of appeals abused its discretion essentially by undertaking a ‘de novo application of the two pronged test’” for mandamus relief. 236 S.W.3d at 210-11 (citing George E.

32011–2011
Moroch v. Collins green
texapp · 2005
2 sentences

2010Garza, 217 S.W.3d at 549 ; Moroch, 174 S.W.3d at 857 .

2008Garza, 217 S.W.3d at 549 ; Moroch, 174 S.W.3d at 857 .

32008–2010
Giffin v. Smith green
tex · 1985
2 sentences

2025Giffin, 688 S.W.2d 112 . 30 information, records, documents, evidentiary materials, and tangible things APPELLANT’S AMENDED BRIEF Page 58 of 77 Appellees’ motion for protective order does not even pretend to meet the two- pronged test and only relies on the first prong, to wit, an investigation by the nonparty law enforcement agency that does not result in conviction or deferred adjudication.

2025Giffin, 688 S.W.2d 112 . 32 information, records, documents, evidentiary materials, and tangible things APPELLANT’S AMENDED BRIEF Page 58 of 77 Appellees’ motion for protective order does not even pretend to meet the two- pronged test and only relies on the first prong, to wit, an investigation by the nonparty law enforcement agency that does not result in conviction or deferred adjudication.

22025–2025
In re Rogers green
texapp · 2012
2 sentences

2022This motion, which has been carried with the case, is rendered moot by our decision on the merits of the petition. 6 which to exercise its discretion; and, if so, (2) whether the trial court erred in its application of discretion based on that information.” Id. (citing Zeifman v. Michels, 212 S.W.3d 582 , 587–88 (Tex. App.—Austin 2006, pet. denied)).

2015In factoring legal- and factual-sufficiency considerations into the abuse-of-discretion analysis, appellate courts “must engage in a two- pronged inquiry, asking (1) whether the trial court had sufficient information on which to exercise its discretion; and, if so, (2) whether the 14 trial court erred in its application of discretion based on that information.” Rogers, 370 S.W.3d at 445 .

22015–2022
Iliff v. Iliff green
tex · 2011
2 sentences

2018Because of this, our courts of appeals have generally "engage[d] in a two pronged inquiry: (1) Did the trial court have sufficient information upon which to exercise its discretion; and (2) Did the trial court err in its application of discretion?" Lindsey v. Lindsey , 965 S.W.2d 589 , 592 (Tex. App.-El Paso 1998, no pet.) ; accord Roberts , 531 S.W.3d at 231 , Beshears v. Beshears , 423 S.W.3d 493 , 499 (Tex. App.-Dallas 2014, no pet.) ; Iliff v. Iliff , 339 S.W.3d 126 , 134 (Tex. App.-Austin 2009), aff'd, 339 S.W.3d 74 (Tex. 2011) ; Swaab v. Swaab , 282 S.W.3d 519 , 525 (Tex. App.-Houston [1

2018Because of this, our courts of appeals have generally “engage[d] in a two pronged inquiry: (1) Did the trial court have sufficient information upon which to exercise its discretion; and (2) Did the trial court err in its application of discretion?” Lindsey v. Lindsey, 965 S.W.2d 589, 592 (Tex. App.—El Paso 1998, no pet.); accord Roberts, 531 S.W.3d at 231 , Beshears v. Beshears, 423 S.W.3d 493, 499 (Tex. App.—Dallas 2014, no pet.); Iliff v. Iliff, 339 S.W.3d 126, 134 (Tex. App.—Austin 2009), aff’d, 339 S.W.3d 74 (Tex. 2011); Swaab v. Swaab, 282 S.W.3d 519, 525 (Tex. App.—Houston [14th Dist.] 2

22018–2018
Rugendorf v. United States green
scotus · 1964
21970–1971
Jones v. United States red
scotus · 1960
21970–1971
Kothe v. State green
texcrimapp · 2004
12023–2023
Terry v. Ohio green
scotus · 1968
12023–2023
In Re AD green
texapp · 2009
12020–2020
In Re JM green
texapp · 2009
12020–2020
Watson v. Watson green
texapp · 2009
12019–2019
BP America Production Co. v. Laddex, Ltd. green
tex · 2017
12017–2017
In Re MS green
tex · 2003
12016–2016
Padieu, Philippe, Relator v. Court of Appeals of Texas, 5th District green
texcrimapp · 2013
12015–2015
In Re MRJM green
texapp · 2006
12010–2010
Goodspeed v. State green
texcrimapp · 2005
12008–2008
Tarrant County v. Chancey green
texapp · 1997
12000–2000
Home Owners Funding Corp. of America v. Scheppler green
texapp · 1991
12000–2000
New Jersey v. T. L. O. green
scotus · 1985
11998–1998
Valencia v. State green
texcrimapp · 1997
11997–1997

Statutes the citing opinions construe

TX § Tex. Fam. Code § 7.001 (7) TX § Tex. Fam. Code § 153.002 (5) TX § Tex. Fam. Code § 161.001 (5) TX § Tex. Fam. Code § 3.001 (5) TX § Tex. Fam. Code § 6.701 (5)

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

TX 140 (1970–2026) CT 53 (1988–2025) OH 40 (1981–2026) IL 40 (1996–2026) WA 30 (2004–2025) NJ 22 (2018–2026) LA 20 (1985–2025) MS 15 (1983–2018) NC 15 (1986–2021) DE 15 (2016–2026) MI 11 (1974–2025) WV 9 (2014–2022) OK 8 (1974–2001) FL 7 (1985–2022) PA 6 (1981–2023) NE 6 (2014–2022) IA 6 (2016–2026) TN 6 (1993–2015) AL 6 (1977–2025) MO 5 (1986–2015) SD 5 (2003–2007) CA 5 (1973–2022) NY 5 (1969–2016) WI 4 (1976–2017) ID 4 (1980–2012) VA 4 (1997–2015) MT 4 (1978–2014) IN 3 (1992–2017) CO 2 (1990–1994) SC 2 (2008–2016) AZ 2 (1977–2008) KY 2 (2015–2015) MA 2 (1979–2024) AK 2 (1982–1983) GA 2 (1976–2014)

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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