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21 Texas opinions name it 2 courts 1965–2015 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 |
|---|---|---|
Ex Parte Martinezgreen1 sentence2014See Ex parte Martinez, 530 S.W.2d at 580–82; Ex parte Schoels, 643 S.W.2d at 762 . | 1 | 1 |
Stafford v. Stategreen1 sentence2007See Anders , 386 U.S. at 744-45 ; see also Stafford v. State , 813 S.W.2d 503, 509 (Tex. Crim. | 1 | 1 |
Anders v. Californiagreen1 sentence2007See Anders , 386 U.S. at 744-45 ; see also Stafford v. State , 813 S.W.2d 503, 509 (Tex. Crim. | 1 | 1 |
Charlton v. Kellygreen2 sentences1999See Charlton v. Kelly, 229 U.S. 447, 462 , 33 S.Ct. 945, 950 , 57 L.Ed. 1274 (1913); Kellems v. Buchignani, 518 S.W.2d 788 (Ky.1975); State ex rel. 1999See Charlton v. Kelly, 229 U.S. 447, 462 , 33 S.Ct. 945, 950 , 57 L.Ed. 1274 (1913); Kellems v. Buchignani, 518 S.W.2d 788 (Ky.1975); State ex rel. | 1 | 1 |
State v. Tylergreen1 sentence1999Adopting a “middle of the road” approach, in Oliver v. Barrett, the Supreme Court of Georgia held that the “mental competency of a fugitive is only relevant insofar as it concerns his ability to assist counsel in ascertaining and preparing for the limited issues to be decided in an extradition hearing.” 269 Ga. 512, 514 , 500 S.E.2d 908, 910 (1998) (citing State v. Tyler, 398 So.2d 1108, 1111 (La.1981)). | 1 | 1 |
Oliver v. Barrettgreen2 sentences1999Adopting a “middle of the road” approach, in Oliver v. Barrett, the Supreme Court of Georgia held that the “mental competency of a fugitive is only relevant insofar as it concerns his ability to assist counsel in ascertaining and preparing for the limited issues to be decided in an extradition hearing.” 269 Ga. 512, 514 , 500 S.E.2d 908, 910 (1998) (citing State v. Tyler, 398 So.2d 1108, 1111 (La.1981)). 1999Adopting a “middle of the road” approach, in Oliver v. Barrett, the Supreme Court of Georgia held that the “mental competency of a fugitive is only relevant insofar as it concerns his ability to assist counsel in ascertaining and preparing for the limited issues to be decided in an extradition hearing.” 269 Ga. 512, 514 , 500 S.E.2d 908, 910 (1998) (citing State v. Tyler, 398 So.2d 1108, 1111 (La.1981)). | 1 | 1 |
Biddinger v. Commissioner of Police of City of New Yorkgreen2 sentences1997See Biddinger v. Commissioner of Police, 245 U.S. 128, 132-33 , 38 S.Ct. 41, 42 , 62 L.Ed. 193 (1917); Appleyard v. Massachusetts, 203 U.S. 222, 227 , 27 S.Ct. 122, 123 , 51 L.Ed. 161 (1906); see generally Leslie W. 1997See Biddinger v. Commissioner of Police, 245 U.S. 128, 132-33 , 38 S.Ct. 41, 42 , 62 L.Ed. 193 (1917); Appleyard v. Massachusetts, 203 U.S. 222, 227 , 27 S.Ct. 122, 123 , 51 L.Ed. 161 (1906); see generally Leslie W. | 1 | 1 |
Kelley v. Stategreen2 sentences1985See Kelley v. State, 676 S.W.2d 104, 107 (Tex.Crim.App.1984). 1985See Kelley v. State, 676 S.W.2d 104, 107 (Tex.Crim.App.1984). | 1 | 1 |
Ex Parte Scarbroughgreen2 sentences1985This conclusion is supported by Ex parte Scarbrough, 604 S.W.2d 170, 173 (Tex. Crim.App.1980), in which the Court of Criminal Appeals held that an extradition hearing was not a trial on the merits and, therefore, the applicant's right to confrontation was not violated by introduction of the governor's warrant and supporting papers. 1985This conclusion is supported by Ex parte Scarbrough, 604 S.W.2d 170, 173 (Tex.Crim.App.1980), in which the Court of Criminal Appeals held that an extradition hearing was not a trial on the merits and, therefore, the applicant’s right to confrontation was not violated by introduction of the governor’s warrant and supporting papers. | 1 | 1 |
Ex Parte Howardgreen2 sentences1985Further support for our conclusion is found in Scott v. State, 690 S.W.2d 256, 259 (Tex.Crim.App.1985) (magistrate may hold hearing to fix punishment pursuant to plea bargain without a specific agreement as to punishment), and Ex parte Howard, 685 S.W.2d 672, 674 (Tex.Crim.App.1985) (magistrate may hear motion to proceed to adjudication after order of unadjudicated probation). 1985Further support for our conclusion is found in Scott v. State, 690 S.W.2d 256, 259 (Tex.Crim.App.1985) (magistrate may hold hearing to fix punishment pursuant to plea bargain without a specific agreement as to punishment), and Ex parte Howard, 685 S.W.2d 672, 674 (Tex.Crim.App.1985) (magistrate may hear motion to proceed to adjudication after order of unadjudicated probation). | 1 | 1 |
Scott v. Stategreen2 sentences1985Further support for our conclusion is found in Scott v. State, 690 S.W.2d 256, 259 (Tex.Crim.App.1985) (magistrate may hold hearing to fix punishment pursuant to plea bargain without a specific agreement as to punishment), and Ex parte Howard, 685 S.W.2d 672, 674 (Tex.Crim.App.1985) (magistrate may hear motion to proceed to adjudication after order of unadjudicated probation). 1985Further support for our conclusion is found in Scott v. State, 690 S.W.2d 256, 259 (Tex.Crim.App.1985) (magistrate may hold hearing to fix punishment pursuant to plea bargain without a specific agreement as to punishment), and Ex parte Howard, 685 S.W.2d 672, 674 (Tex.Crim.App.1985) (magistrate may hear motion to proceed to adjudication after order of unadjudicated probation). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ex Parte Hearing
green
2 sentences2015Ex parte Hearing, 125 S.W.3d at 781 ; see TEX. 2009Ex parte Hearing, 125 S.W.3d at 781 . | 4 | 2009–2015 |
State Ex Rel. Holmes v. Klevenhagen
green
2 sentences2004Holmes, 819 S.W.2d at 543 . 2004Holmes , 819 S.W.2d at 543 . | 2 | 2004–2004 |
California v. Superior Court of Cal., San Bernardino Cty.
green
2 sentences2004California v. Superior Court of Cal., 482 U.S. 400, 409-10 , 107 S.Ct. 2433 , 96 L.Ed.2d 332 (1987). 2004California v. Superior Court of Cal., 482 U.S. 400, 409-10 , 107 S.Ct. 2433 , 96 L.Ed.2d 332 (1987). | 2 | 2004–2004 |
Michigan v. Doran
green
2 sentences1991In Michigan v. Doran, 439 U.S. 282 , 99 S.Ct. 530 , 58 L.Ed.2d 521 (1978), the Supreme Court discussed the purpose of the extradition clause found in the federal constitution and the corresponding duties of the demanding and asylum states. 1991In Michigan v. Doran, 439 U.S. 282 , 99 S.Ct. 530 , 58 L.Ed.2d 521 (1978), the Supreme Court discussed the purpose of the extradition clause found in the federal constitution and the corresponding duties of the demanding and asylum states. | 2 | 1991–1991 |
Ex Parte Bunch
green
2 sentences1980“It is well established that the introduction of the Governor’s Warrant, regular on its face, is sufficient to make out a *373 prima facie case authorizing extradition, [citations omitted.] The burden then shifts to the accused to overcome proof of every fact which the Governor was obligated to determine before issuing the extradition warrant, [citations omitted.]” Ex parte Bunch, 519 S.W.2d 653, 654 . 1979“It is well established that the introduction of the Governor's Warrant, regu lar on its face, is sufficient to make out a prima facie case authorizing extradition, [citations omitted.] The burden then shifts to the accused to overcome proof of every fact which the Governor was obliged to determine before issuing the extradition warrant. [citations omitted.]” Ex parte Bunch, 519 S.W.2d 653 (Tex.Cr.App.). | 2 | 1979–1980 |
Ex parte Shoels
green
1 sentence2014See Ex parte Martinez, 530 S.W.2d at 580–82; Ex parte Schoels, 643 S.W.2d at 762 . | 1 | 2014–2014 |
Kellems v. Buchignani
green
1 sentence1999See Charlton v. Kelly, 229 U.S. 447, 462 , 33 S.Ct. 945, 950 , 57 L.Ed. 1274 (1913); Kellems v. Buchignani, 518 S.W.2d 788 (Ky.1975); State ex rel. | 1 | 1999–1999 |
Appleyard v. Massachusetts
green
2 sentences1997See Biddinger v. Commissioner of Police, 245 U.S. 128, 132-33 , 38 S.Ct. 41, 42 , 62 L.Ed. 193 (1917); Appleyard v. Massachusetts, 203 U.S. 222, 227 , 27 S.Ct. 122, 123 , 51 L.Ed. 161 (1906); see generally Leslie W. 1997See Biddinger v. Commissioner of Police, 245 U.S. 128, 132-33 , 38 S.Ct. 41, 42 , 62 L.Ed. 193 (1917); Appleyard v. Massachusetts, 203 U.S. 222, 227 , 27 S.Ct. 122, 123 , 51 L.Ed. 161 (1906); see generally Leslie W. | 1 | 1997–1997 |
Ex Parte Goodwin
green
1 sentence1994Appellant relies in large part upon the case of Goodwin v. State, 384 S.W.2d 874 (Tex.Crim.App.1964), in which the Court of Criminal Appeals reversed the trial court’s ruling on an extradition hearing because there was no showing in the record that a felony offense in Colorado could be prosecuted upon an information. | 1 | 1994–1994 |
Ex Parte Viduari
green
1 sentence1982Ex parte Nelson, supra at 68 ; Ex parte Viduari, 525 S.W.2d 163 (Tex.Cr.App.1975). | 1 | 1982–1982 |
Ex Parte Nelson
green
1 sentence1982Ex parte Nelson, supra at 68 ; Ex parte Viduari, 525 S.W.2d 163 (Tex.Cr.App.1975). | 1 | 1982–1982 |
Schwartz v. Woodahl
green
2 sentences1980The following state cases also support the proposition that prior waivers of extradition as a condition of parole are enforceable and provide an alternative to extradition or waiver under the UCEA: Schwartz v. Woodahl, 157 Mont. 479 , 487 P.2d 300 (1971); White v. Hall, 15 Md. 1980The following state cases also support the proposition that prior waivers of extradition as a condition of parole are enforceable and provide an alternative to extradition or waiver under the UCEA: Schwartz v. Woodahl, 157 Mont. 479 , 487 P.2d 300 (1971); White v. Hall, 15 Md. | 1 | 1980–1980 |
White v. HALL, SHERIFF
green
2 sentences1980The following state cases also support the proposition that prior waivers of extradition as a condition of parole are enforceable and provide an alternative to extradition or waiver under the UCEA: Schwartz v. Woodahl, 157 Mont. 479 , 487 P.2d 300 (1971); White v. Hall, 15 Md. 1980App. 446 , 291 A.2d 694 (1972); In re Williams, 472 S.W.2d 779 (Tex.Cr.App. 1971); State ex rel. | 1 | 1980–1980 |
Ex Parte Williams
green
1 sentence1980App. 446 , 291 A.2d 694 (1972); In re Williams, 472 S.W.2d 779 (Tex.Cr.App. 1971); State ex rel. | 1 | 1980–1980 |
Ex Parte Landers
neutral
1 sentence1975An examination of the records on file in this Court in Ex parte Landers, supra, indicates that the extradition papers were served on Landers five minutes before the scheduled time for the extradition hearing. | 1 | 1975–1975 |
Ex parte Gilbreath
neutral
2 sentences1968Ex parte Renfro, 171 Tex.Cr.R. 454 , 350 S.W.2d 655 and Ex parte Gilbreath, 166 Tex.Cr.R. 64 , 311 S.W.2d 851 . 1968Ex parte Renfro, 171 Tex.Cr.R. 454 , 350 S.W.2d 655 and Ex parte Gilbreath, 166 Tex.Cr.R. 64 , 311 S.W.2d 851 . | 1 | 1968–1968 |
Ex parte Renfro
neutral
1 sentence1968Ex parte Renfro, 171 Tex.Cr.R. 454 , 350 S.W.2d 655 and Ex parte Gilbreath, 166 Tex.Cr.R. 64 , 311 S.W.2d 851 . | 1 | 1968–1968 |
Sims v. State
green
1 sentence1968Ex parte Renfro, 171 Tex.Cr.R. 454 , 350 S.W.2d 655 and Ex parte Gilbreath, 166 Tex.Cr.R. 64 , 311 S.W.2d 851 . | 1 | 1968–1968 |
| Rosenberg v. Rosenberg green | 1 | 1965–1965 |
| Daly v. Daly green | 1 | 1965–1965 |
Clarke v. Blackburn
green
2 sentences1965State of California v. Copus, Cal., 309 S.W.2d 227 ; Rosenberg v. Rosenberg, 152 Me. 161 , 125 A.2d 863 ; Daly v. Daly, 21 N.J. 599 , 123 A.2d 3 ." In an extradition hearing in Florida, Clarke v. Blackburn, Fla.App., 151 So.2d 325 , where North Carolina was seeking to extradite appellant to answer for non-support of an illegitimate child fathered in the latter state, the District Court of Appeal of Florida, Second District, after stating the ultimate question was "whether Clarke should be surrendered, under the Uniform Reciprocal Enforcement of Support Law, to the State of North Carolina for t 1965State of California v. Copus, Cal., 309 S.W.2d 227 ; Rosenberg v. Rosenberg, 152 Me. 161 , 125 A.2d 863 ; Daly v. Daly, 21 N.J. 599 , 123 A.2d 3 .” In an extradition hearing in Florida, Clarke v. Blackburn, Fla.App., 151 So.2d 325 , where North Carolina was seeking to extradite appellant to answer for non-support of an illegitimate child fathered in the latter state, the District Court of Appeal of Florida, Second District, after stating the ultimate question was “whether Clarke should be surrendered, under the Uniform Reciprocal Enforcement of Support Law, to the State of North Carolina for t | 1 | 1965–1965 |
| State of California, Department of Mental Hygiene v. Copus green | 1 | 1965–1965 |
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.