uncommon defense (Texas) · Go Syfert
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uncommon defense in Texas

22 Texas opinions name it 2 courts 1942–2025 6 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
Estelle v. Williamsgreen
scotus · 1976 · cited in 9 Texas opinions naming this issue, 1999–2023
2 sentences

2023The cases show, for example, that it is not an uncommon defense tactic to produce the defendant in jail clothes in the hope of eliciting sympathy from the jury.” Estelle, 425 U.S. at 507–08 (citations omitted). –7– constitutional ruling because constitutional error is subject to a much stricter harm analysis on appeal”).

2015Cf. Estelle v. Williams, 425 U.S. 501, 508 (1976) (“[I]t is not an uncommon defense 1 While we question the need for such a “policy,” the trial court must be mindful of its obligations to ensure that the shackles are not visible to the jury. 7 tactic to produce the defendant in jail clothes in the hope of eliciting sympathy from the jury.”).

89
Estate of Martha Jane Valdezgreen
texapp · 2013 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015Clark v. Wells Fargo Bank, N.A., No. 01-08-00887-CV, 2010 Tex. App. LEXIS 4376 , at *14 (Tex. App.—Houston [1st Dist.] June 10, 2010, no pet.) (citing King v. Acker, supra). • 4th Court of Appeals—San Antonio In re Estate of Valdez, 406 S.W.3d 228, 233 (Tex. App.—San Antonio 2013, pet. denied) (stating “[a]lthough an uncommon claim, Texas law recognizes a cause of action for tortious interference with inheritance rights”). • 7th Court of Appeals—Amarillo Nordyke v. Nordyke, No. 07-96-00406-CV, 1998 Tex. App. LEXIS 55 , at *10-11 (Tex. App.—Amarillo Jan. 7, 1998, pet. denied) (mem. op.) (citing

2015Clark v. Wells Fargo Bank, N.A., No. 01-08-00887-CV, 2010 WL6 2306418, at *5-6, 2010 Tex. App. LEXIS 4376 at *14 (Tex. App.—Houston [1st Dist.] June 10, 2010, no pet.) (citing King v. Acker, supra). • 4th Court of Appeals—San Antonio In re Estate of Valdez, 406 S.W.3d 228, 233 (Tex. App.—San Antonio 2013, pet. denied) (stating “[although an uncommon claim, Texas law recognizes a cause of action for tortious interference with inheritance rights”). • 7th Court of Appeals—Amarillo Nordyke v. Nordyke, No. 07-96-00406-CV, 1998 WL 4508 , at *4, 1998 Tex. App. LEXIS 55 , at *10-11 (Tex. App.—Amarillo

22
Matter of Estate of Crawfordgreen
texapp · 1990 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015Clark v. Wells Fargo Bank, N.A., No. 01-08-00887-CV, 2010 Tex. App. LEXIS 4376 , at *14 (Tex. App.—Houston [1st Dist.] June 10, 2010, no pet.) (citing King v. Acker, supra). • 4th Court of Appeals—San Antonio In re Estate of Valdez, 406 S.W.3d 228, 233 (Tex. App.—San Antonio 2013, pet. denied) (stating “[a]lthough an uncommon claim, Texas law recognizes a cause of action for tortious interference with inheritance rights”). • 7th Court of Appeals—Amarillo Nordyke v. Nordyke, No. 07-96-00406-CV, 1998 Tex. App. LEXIS 55 , at *10-11 (Tex. App.—Amarillo Jan. 7, 1998, pet. denied) (mem. op.) (citing

2015In re Estate of Crawford, 795 S.W.2d 835, 841 (Tex. App.—Amarillo 1990, no writ) (referring to tortious interference with inheritance rights as a “theory of recovery”).

22
Brandes v. Rice Trust, Inc.green
texapp · 1998 · cited in 2 Texas opinions naming this issue, 2013–2015
2 sentences

2015Urbanczyk v. Urbanczyk, 278 S.W.3d 829, 835 (Tex. App.—Amarillo 2009, no pet.) (holding that a claim of tortious interference with inheritance rights was properly resolved against a will contestant because there was no evidence of damages). • 8th Court of Appeals—El Paso In re Estate of Russell, 311 S.W.3d 528, 535 (Tex. App.—El Paso 2009, no pet.) (stating “Texas recognizes a cause of action for tortious interference with inheritance rights”). • 10th Court of Appeals—Waco Haisler v. Coburn, No. 10-09-00275-CV, 2010 Tex. App. LEXIS 6050 , at *9 (Tex. App.—Waco July 28, 2010, pet. denied) (mem.

2013See King v. Acker, 725 S.W.2d 750, 754 (Tex.App.-Houston [1st Dist.] 1987, no writ) (citing Pope v. Garrett, 204 S.W.2d 867, 871 (Tex.Civ.App.-Houston [Galveston] 1947) (op. on reh’g), rev’d on other grounds, 147 Tex. 18 , 211 S.W.2d 559 (1948)); Brandes, 966 S.W.2d at 146 (stating that King v. Acker is the only reported Texas case to that date involving tortious interference with inheritance rights).

22
Barker v. Wingogreen
scotus · 1972 · cited in 8 Texas opinions naming this issue, 2016–2025
2 sentences

2025Indeed, “[d]elay is not an uncommon defense tactic” and “may work to the accused’s advantage.” Barker, 407 U.S. at 521 .

2024Indeed, “[d]elay is not an uncommon defense tactic” and “may work to the accused’s advantage.” Barker, 407 U.S. at 521 . 9 At the hearing below, Appellant called his private investigator who identified two witnesses that the investigator was not able to locate, and one who had died by the time the investigator located him.

18
King v. Jacksongreen
texapp · 1987 · cited in 3 Texas opinions naming this issue, 2013–2015
2 sentences

2015Clark v. Wells Fargo Bank, N.A., No. 01-08-00887-CV, 2010 Tex. App. LEXIS 4376 , at *14 (Tex. App.—Houston [1st Dist.] June 10, 2010, no pet.) (citing King v. Acker, supra). • 4th Court of Appeals—San Antonio In re Estate of Valdez, 406 S.W.3d 228, 233 (Tex. App.—San Antonio 2013, pet. denied) (stating “[a]lthough an uncommon claim, Texas law recognizes a cause of action for tortious interference with inheritance rights”). • 7th Court of Appeals—Amarillo Nordyke v. Nordyke, No. 07-96-00406-CV, 1998 Tex. App. LEXIS 55 , at *10-11 (Tex. App.—Amarillo Jan. 7, 1998, pet. denied) (mem. op.) (citing

2015Clark v. Wells Fargo Bank, N.A., No. 01-08-00887-CV, 2010 WL6 2306418, at *5-6, 2010 Tex. App. LEXIS 4376 at *14 (Tex. App.—Houston [1st Dist.] June 10, 2010, no pet.) (citing King v. Acker, supra). • 4th Court of Appeals—San Antonio In re Estate of Valdez, 406 S.W.3d 228, 233 (Tex. App.—San Antonio 2013, pet. denied) (stating “[although an uncommon claim, Texas law recognizes a cause of action for tortious interference with inheritance rights”). • 7th Court of Appeals—Amarillo Nordyke v. Nordyke, No. 07-96-00406-CV, 1998 WL 4508 , at *4, 1998 Tex. App. LEXIS 55 , at *10-11 (Tex. App.—Amarillo

13
In Re Estate of Russellgreen
texapp · 2009 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Urbanczyk v. Urbanczyk, 278 S.W.3d 829, 835 (Tex. App.—Amarillo 2009, no pet.) (holding that a claim of tortious interference with inheritance rights was properly resolved against a will contestant because there was no evidence of damages). • 8th Court of Appeals—El Paso In re Estate of Russell, 311 S.W.3d 528, 535 (Tex. App.—El Paso 2009, no pet.) (stating “Texas recognizes a cause of action for tortious interference with inheritance rights”). • 10th Court of Appeals—Waco Haisler v. Coburn, No. 10-09-00275-CV, 2010 Tex. App. LEXIS 6050 , at *9 (Tex. App.—Waco July 28, 2010, pet. denied) (mem.

11
Urbanczyk v. Urbanczykgreen
texapp · 2009 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Urbanczyk v. Urbanczyk, 278 S.W.3d 829, 835 (Tex. App.—Amarillo 2009, no pet.) (holding that a claim of tortious interference with inheritance rights was properly resolved against a will contestant because there was no evidence of damages). • 8th Court of Appeals—El Paso In re Estate of Russell, 311 S.W.3d 528, 535 (Tex. App.—El Paso 2009, no pet.) (stating “Texas recognizes a cause of action for tortious interference with inheritance rights”). • 10th Court of Appeals—Waco Haisler v. Coburn, No. 10-09-00275-CV, 2010 Tex. App. LEXIS 6050 , at *9 (Tex. App.—Waco July 28, 2010, pet. denied) (mem.

11
Pope v. Garrettgreen
texapp · 1947 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See King v. Acker, 725 S.W.2d 750, 754 (Tex.App.-Houston [1st Dist.] 1987, no writ) (citing Pope v. Garrett, 204 S.W.2d 867, 871 (Tex.Civ.App.-Houston [Galveston] 1947) (op. on reh’g), rev’d on other grounds, 147 Tex. 18 , 211 S.W.2d 559 (1948)); Brandes, 966 S.W.2d at 146 (stating that King v. Acker is the only reported Texas case to that date involving tortious interference with inheritance rights).

11
Pope v. Garrettgreen
tex · 1948 · cited in 1 Texas opinions naming this issue, 2013–2013
2 sentences

2013See King v. Acker, 725 S.W.2d 750, 754 (Tex.App.-Houston [1st Dist.] 1987, no writ) (citing Pope v. Garrett, 204 S.W.2d 867, 871 (Tex.Civ.App.-Houston [Galveston] 1947) (op. on reh’g), rev’d on other grounds, 147 Tex. 18 , 211 S.W.2d 559 (1948)); Brandes, 966 S.W.2d at 146 (stating that King v. Acker is the only reported Texas case to that date involving tortious interference with inheritance rights).

2013See King v. Acker, 725 S.W.2d 750, 754 (Tex.App.-Houston [1st Dist.] 1987, no writ) (citing Pope v. Garrett, 204 S.W.2d 867, 871 (Tex.Civ.App.-Houston [Galveston] 1947) (op. on reh’g), rev’d on other grounds, 147 Tex. 18 , 211 S.W.2d 559 (1948)); Brandes, 966 S.W.2d at 146 (stating that King v. Acker is the only reported Texas case to that date involving tortious interference with inheritance rights).

11
Randle v. Stategreen
texcrimapp · 1992 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008The cases show, for example, that it is not an uncommon defense tactic to produce the defendant in jail clothes in the hope of eliciting sympathy from the jury."); Randle , 826 S.W.2d at 945 (noting decision to be tried in jail clothing may be a matter of strategy). 26.

11
Jackson v. Stategreen
texcrimapp · 1994 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008See Jackson v.State , 877 S.W.2d 768, 771 (Tex. Crim.

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 (2)

CaseCitedYears
Johnson v. Hanscom green
tex · 1897
2 sentences

1942It is, therefore, concluded that the ap-pellee in this instance, in making the automobile license fee collections and issuing the necessary receipts therefor, was not acting in his official capacity as assessor and collector of taxes for Harris County, but was simply performing additional services as the designated agent of the State Highway Department, which in Texas is not an uncommon requirement of a public officer. 34 Tex.Jur., page 447, Sec. 70; Johnson v. Hanscom, 90 Tex. 321 , 37 S.W. 601 , 38 S.W. 761 , dismissing error to Tex.Civ.App., 37 S.W. 453 .

1942It is, therefore, concluded that the ap-pellee in this instance, in making the automobile license fee collections and issuing the necessary receipts therefor, was not acting in his official capacity as assessor and collector of taxes for Harris County, but was simply performing additional services as the designated agent of the State Highway Department, which in Texas is not an uncommon requirement of a public officer. 34 Tex.Jur., page 447, Sec. 70; Johnson v. Hanscom, 90 Tex. 321 , 37 S.W. 601 , 38 S.W. 761 , dismissing error to Tex.Civ.App., 37 S.W. 453 .

11942–1942
Dulaney v. Walsh neutral
tex · 1897
1 sentence

1942It is, therefore, concluded that the ap-pellee in this instance, in making the automobile license fee collections and issuing the necessary receipts therefor, was not acting in his official capacity as assessor and collector of taxes for Harris County, but was simply performing additional services as the designated agent of the State Highway Department, which in Texas is not an uncommon requirement of a public officer. 34 Tex.Jur., page 447, Sec. 70; Johnson v. Hanscom, 90 Tex. 321 , 37 S.W. 601 , 38 S.W. 761 , dismissing error to Tex.Civ.App., 37 S.W. 453 .

11942–1942

Statutes the citing opinions construe

TX § Tex. Penal Code § 22.021 (3)

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 22 (1942–2025) OH 7 (2001–2023) CA 7 (1991–2023) NM 6 (1991–2021) MS 5 (2004–2021) MD 4 (1975–1998) IL 4 (1889–2006) SC 4 (2012–2016) NJ 3 (2017–2022) GA 3 (2006–2012) PA 3 (1970–2015) OR 3 (1985–2005) NY 3 (1950–2018) IN 2 (2012–2012)

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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