Diaz motion (Texas) · Go Syfert
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Diaz motion in Texas

21 Texas opinions name it 2 courts 1996–2025 8 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 (20)

CaseFollowedCited
Olivo v. Stategreen
texcrimapp · 1996 · cited in 4 Texas opinions naming this issue, 2025–2025
2 sentences

2025See Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim.

2025See Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim.

44
Graves v. Stategreen
texcrimapp · 1976 · cited in 3 Texas opinions naming this issue, 2015–2025
2 sentences

2025See Graves v. State, 539 S.W.2d 890, 891-92 (Tex. Crim.

2025See Graves v. State, 539 S.W.2d 890, 891-92 (Tex. Crim.

33
Thadeaus Roy Culberson v. Louie L. Wainwright, Director, Division of Corrections, State of Floridagreen
ca5 · 1972 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Culberson v. Wainwright, 453 F.2d 1219 , 1220–21 (5th Cir. 1972) (per curiam). cert. denied, 407 U.S. 913 (1972) (concluding Waller had no effect on Diaz rule permitting subsequent prosecution after victim dies and upholding manslaughter conviction against claim of double jeopardy premised on conviction for assault obtained before victim died).

2015See Culberson v. Wainwright, 453 F.2d 1219, 1220-21 (5th Cir.1972) (per curiam), cert. denied, 407 U.S; 913, 92 S.Ct. 2449 , 32 L.Ed.2d 688 (1972) (concluding Waller had no effect on Diaz rule permitting subsequent prosecution after victim dies and upholding -mam slaughter conviction against claim of double jeopardy premised on conviction for assault obtained before victim died).

22
Kemp v. Stategreen
texcrimapp · 1992 · cited in 2 Texas opinions naming this issue, 2012–2012
2 sentences

2012Gaal , 332 S.W.3d at 454 ; see Kemp , 846 S.W.2d at 306 .

2012Gaal, 332 S.W.3d at 454 ; see Kemp, 846 S.W.2d at 306 .

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

2005See Campos , 977 S.W.2d at 464 .

2005See Campos , 977 S.W.2d at 464 .

22
Merrell Dow Pharmaceuticals, Inc. v. Havnergreen
tex · 1997 · cited in 2 Texas opinions naming this issue, 2001–2001
2 sentences

2001See Merrell Dow Pharm. v. Havner , 953 S.W.2d 706, 711 (Tex. 1997).

2001See Merrell Dow Pharm. v. Havner, 953 S.W.2d 706, 711 (Tex.1997).

22
York v. Stategreen
texcrimapp · 2011 · cited in 1 Texas opinions naming this issue, 2025–2025
2 sentences

2025See Diaz, 223 U.S. at 448-49 ; see also York v. State, 342 S.W.3d 528, 551 (Tex. Crim.

2025See Diaz, 223 U.S. at 448-49 ; see also York v. State, 342 S.W.3d 528, 551 (Tex. Crim.

11
Diaz v. United Statesgreen
scotus · 1912 · cited in 1 Texas opinions naming this issue, 2025–2025
2 sentences

2025See Diaz, 223 U.S. at 448-49 ; see also York v. State, 342 S.W.3d 528, 551 (Tex. Crim.

2025See Diaz, 223 U.S. at 448-49 ; see also York v. State, 342 S.W.3d 528, 551 (Tex. Crim.

11
Frazer v. Stategreen
texcrimapp · 1924 · cited in 1 Texas opinions naming this issue, 2025–2025
2 sentences

2025See Frazer v. State, 99 Tex. Crim. 89 , 91–92, 268 S.W. 164, 166 (1924) (holding jurors’ discussion during deliberations in murder case of their personal knowledge regarding gunpowder burns and trajectory of bullet based on jurors’ “different experiences in 36 Diaz’s motion for new trial on this basis.

2025See Frazer v. State, 99 Tex. Crim. 89 , 91–92, 268 S.W. 164, 166 (1924) (holding jurors’ discussion during deliberations in murder case of their personal knowledge regarding gunpowder burns and trajectory of bullet based on jurors’ “different experiences in 36 Diaz’s motion for new trial on this basis.

11
Mata v. Stategreen
texapp · 2017 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025See Saenz, 976 S.W.2d at 321–23 (holding defendant was not entitled to new trial under Rule 21.3 even though he had presented evidence that juror had discussed his personal experience as gang member with jury in murder case involving fourteen-year old gang-member, and that five members of jury with firearm experience had “educated” remaining members of jury “who, presumably lacked that experience” because defendant did not show any detrimental impact);15 see also Mata v. State, 517 S.W.3d 257, 268 (Tex. App.—Corpus Christi–Edinburg 2017, pet. ref’d) (holding trial court did not abuse discretio

11
Saenz v. Stategreen
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025See Saenz, 976 S.W.2d at 321–23 (holding defendant was not entitled to new trial under Rule 21.3 even though he had presented evidence that juror had discussed his personal experience as gang member with jury in murder case involving fourteen-year old gang-member, and that five members of jury with firearm experience had “educated” remaining members of jury “who, presumably lacked that experience” because defendant did not show any detrimental impact);15 see also Mata v. State, 517 S.W.3d 257, 268 (Tex. App.—Corpus Christi–Edinburg 2017, pet. ref’d) (holding trial court did not abuse discretio

11
Hawkins v. Stategreen
texcrimapp · 2004 · cited in 1 Texas opinions naming this issue, 2024–2024
2 sentences

2024See id. at 76– 77 (“The only adverse ruling—and thus the only occasion for making a mistake—was the trial court’s denial of the motion for mistrial.”).

2024See id. at 76– 77 (“The only adverse ruling—and thus the only occasion for making a mistake—was the trial court’s denial of the motion for mistrial.”).

11
Exxon Mobil Corporation, Whm Custom Services, Inc., and Disa, Inc. v. Gilberto Rinconesgreen
tex · 2017 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024Tex. Dep’t of Transp. v. Lara, 625 S.W.3d 46 , 59 (Tex. 2021); Exxon Mobil Corp. v. Rincones, 520 S.W.3d 572, 586 (Tex. 2017) (“protected opposition must at least alert an employer to the employee’s reasonable belief that unlawful discrimination is at issue.” (cleaned up)).

11
Hill v. Stategreen
texcrimapp · 1941 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Graves v. State, 539 S.W.2d 890, 891-92 (Tex.Crim.App.1976); Hill v. State, 141 Tex.Crim. 169 , 149 S.W.2d 93, 95-96 (1941); Curtis v. State, 22 Tex.App. 227 , 236-37, 3 S.W. 86, 87-88 (1886); Johnson, 19 Tex.App. at 461.

2015See Graves v. State, 539 S.W.2d 890, 891-92 (Tex.Crim.App.1976); Hill v. State, 141 Tex.Crim. 169 , 149 S.W.2d 93, 95-96 (1941); Curtis v. State, 22 Tex.App. 227 , 236-37, 3 S.W. 86, 87-88 (1886); Johnson, 19 Tex.App. at 461.

11
Young v. Reedgreen
scotus · 1972 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Culberson v. Wainwright, 453 F.2d 1219 , 1220–21 (5th Cir. 1972) (per curiam). cert. denied, 407 U.S. 913 (1972) (concluding Waller had no effect on Diaz rule permitting subsequent prosecution after victim dies and upholding manslaughter conviction against claim of double jeopardy premised on conviction for assault obtained before victim died).

11
Curtis v. Stategreen
texapp · 1886 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Graves v. State, 539 S.W.2d 890, 891-92 (Tex.Crim.App.1976); Hill v. State, 141 Tex.Crim. 169 , 149 S.W.2d 93, 95-96 (1941); Curtis v. State, 22 Tex.App. 227 , 236-37, 3 S.W. 86, 87-88 (1886); Johnson, 19 Tex.App. at 461.

2015See Graves v. State, 539 S.W.2d 890, 891-92 (Tex.Crim.App.1976); Hill v. State, 141 Tex.Crim. 169 , 149 S.W.2d 93, 95-96 (1941); Curtis v. State, 22 Tex.App. 227 , 236-37, 3 S.W. 86, 87-88 (1886); Johnson, 19 Tex.App. at 461.

11
In Re Dickasongreen
tex · 1998 · cited in 1 Texas opinions naming this issue, 2011–2011
1 sentence

2011In re Brookshire Grocery Co., 250 S.W.3d 66, 72 (Tex.2008) (orig. proceeding); In re Dickason, 987 S.W.2d 570, 571 (Tex.1998) (orig. proceeding).

11
In Re Brookshire Grocery Co.green
tex · 2008 · cited in 1 Texas opinions naming this issue, 2011–2011
1 sentence

2011In re Brookshire Grocery Co., 250 S.W.3d 66, 72 (Tex.2008) (orig. proceeding); In re Dickason, 987 S.W.2d 570, 571 (Tex.1998) (orig. proceeding).

11
Llanes v. Corpus Christi Independent School Districtgreen
texapp · 2002 · cited in 1 Texas opinions naming this issue, 2006–2006
1 sentence

2006Llanes , 64 S.W.3d at 642 (although employee need not identify specific law when making report, or establish actual violation of law, there must be some law prohibiting complained-of conduct to give rise to whistleblower claim). 28.

11
Chambers v. Conawaygreen
tex · 1994 · cited in 1 Texas opinions naming this issue, 1996–1996
2 sentences

1996See Chambers v. Conaway, 883 S.W.2d 156, 158 (Tex.1993).

1996See Chambers v. Conaway, 883 S.W.2d 156, 158 (Tex.1993).

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 (7)

CaseCitedYears
Strickland v. Washington green
scotus · 1984
2 sentences

2012Based on the record before us and the strong presumption of reasonable assistance, as well as the absence of any explanation regarding defense counsel’s strategy, we cannot say that Diaz has met his burden of showing by a preponderance of the evidence that his counsel’s failure to file a motion to recuse the trial court judge or failure to object that the same judge who had signed the blood warrant presided over the suppression hearing and the trial fell below the standard of prevailing professional norms. 2 See Strickland, 466 U.S. at 688-89 , 104 S.Ct. at 2065 .

2012Based on the record before us and the strong presumption of reasonable assistance, as well as the absence of any explanation regarding defense counsel’s strategy, we cannot say that Diaz has met his burden of showing by a preponderance of the evidence that his counsel’s failure to file a motion to recuse the trial court judge or failure to object that the same judge who had signed the blood warrant presided over the suppression hearing and the trial fell below the standard of prevailing professional norms. 2 See Strickland, 466 U.S. at 688-89 , 104 S.Ct. at 2065 .

22012–2012
Gaal v. State green
texcrimapp · 2011
2 sentences

2012Gaal , 332 S.W.3d at 454 ; see Kemp , 846 S.W.2d at 306 .

2012Gaal, 332 S.W.3d at 454 ; see Kemp, 846 S.W.2d at 306 .

22012–2012
Archie v. State green
texcrimapp · 2007
1 sentence

2024Archie v. State, 221 S.W.3d 695 , 700–01 (Tex. Crim.

12024–2024
Webb v. State green
texapp · 2000
1 sentence

2024Webb, 36 S.W.3d at 176 ; Conatser, 645 S.W.3d at 931. 4) Barker Balancing After a review of the Barker factors, we uphold the trial court’s ruling denying Diaz’s motion for a speedy trial.

12024–2024
Rosenkrans v. State green
texapp · 1988
1 sentence

2015App. 1972) (Defendant’s admission constituted a “judicial admission” because he was sworn in as a witness). 6 Rosenkrans v. State, 758 S.W.2d 388 (Tex.App.—Austin 1988, pet. ref’d) provides an example of an oral stipulation in support of a guilty plea: 7 trial court took judicial notice of Diaz’s plea papers (Supp.

12015–2015
Logan v. Slayton green
scotus · 1972
1 sentence

2015See Culberson v. Wainwright, 453 F.2d 1219, 1220-21 (5th Cir.1972) (per curiam), cert. denied, 407 U.S; 913, 92 S.Ct. 2449 , 32 L.Ed.2d 688 (1972) (concluding Waller had no effect on Diaz rule permitting subsequent prosecution after victim dies and upholding -mam slaughter conviction against claim of double jeopardy premised on conviction for assault obtained before victim died).

12015–2015
Westphal v. Diaz green
texapp · 1996
1 sentence

1997With one justice dissenting, the court of appeals affirmed the trial court’s summary judgment on Carolyn Westphal’s claims and the claims she brought for Mr. Westphal’s estate, holding that the limitations period had expired before she filed suit. 918 S.W.2d at 546 .

11997–1997

Statutes the citing opinions construe

TX § Tex. Penal Code § 42.02 (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

TX 21 (1996–2025) CA 19 (1984–2026) FL 11 (1990–2026) NY 9 (1982–2025) PA 7 (2005–2025) IL 7 (1992–2024) WA 6 (2014–2026) MD 4 (1992–2005) NC 3 (1991–2022) MT 3 (1986–1998) AZ 3 (2009–2025) IN 3 (1980–2013) NE 2 (2025–2025) HI 2 (1980–2002) LA 2 (1993–2021) GA 2 (1999–2006) CO 2 (2016–2016) SD 2 (2014–2016)

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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