eighth point error (Texas) · Go Syfert
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eighth point error in Texas

20 Texas opinions name it 2 courts 1980–2011 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.

Followed or applied (8)

CaseFollowedCited
Stahl v. Stategreen
texcrimapp · 1988 · cited in 3 Texas opinions naming this issue, 2006–2006
2 sentences

2006Cumulative Error In the ninth point of error, appellant urges that the " cumulative effect of the errors alleged denied appellant due process. " He cites Stahl v. State , 749 S.W.2d 826, 832 (Tex. Crim.

2006Cumulative Error In the ninth point of error, appellant urges that the “cumulative effect of the errors alleged denied appellant due process.” He cites Stahl v. State, 749 S.W.2d 826, 832 (Tex.Crim.App.1988).

33
Wright v. Stategreen
texcrimapp · 2000 · cited in 2 Texas opinions naming this issue, 2004–2004
2 sentences

2004Wright v. State, 28 S.W.3d 526, 537 (Tex.Crim.App.2000); Chamberlain v. State, 998 S.W.2d 230, 238 (Tex. Crim.App.1999).

2004Wright v. State , 28 S.W.3d 526, 537 (Tex. Crim.

22
Rankin v. Stategreen
texcrimapp · 1998 · cited in 2 Texas opinions naming this issue, 2001–2001
2 sentences

2001Lack of Relevancy Analysis In the eighth point of error, appellant claims that the “trial court erred in failing to conduct a complete relevancy analysis upon 404(b) objection by the defense.” Appellant does not claim that he made a relevancy objection, but contends that when a Rule 404(b) objection is made it is inclusive of “a Rule 402 objection.” See Rankin v. State, 974 S.W.2d 707, 709 (Tex. Crim.

2001Lack of Relevancy Analysis In the eighth point of error, appellant claims that the "trial court erred in failing to conduct a complete relevancy analysis upon 404(b) objection by the defense." Appellant does not claim that he made a relevancy objection, but contends that when a Rule 404(b) objection is made it is inclusive of "a Rule 402 objection." See Rankin v. State , 974 S.W.2d 707, 709 (Tex. Crim.

22
Chamberlain v. Stategreen
texcrimapp · 1999 · cited in 1 Texas opinions naming this issue, 2004–2004
1 sentence

2004Wright v. State, 28 S.W.3d 526, 537 (Tex.Crim.App.2000); Chamberlain v. State, 998 S.W.2d 230, 238 (Tex. Crim.App.1999).

11
Williams v. Stategreen
texcrimapp · 1984 · cited in 1 Texas opinions naming this issue, 1995–1995
2 sentences

1995A virtually identical definition was approved in Williams v. State, 674 S.W.2d 315, 322 (Tex.Crim.App.1984).

1995A virtually identical definition was approved in Williams v. State, 674 S.W.2d 315, 322 (Tex.Crim.App.1984).

11
Matson v. Stategreen
texcrimapp · 1991 · cited in 1 Texas opinions naming this issue, 1995–1995
2 sentences

1995While this Court has held that appellant cannot be prevented from presenting this testimony to the jury, Matson v. State, 819 S.W.2d 839, 850-51 (Tex.Crim.App.1991), without instruction on the applicable parole eligibility law, it is my opinion that appellant’s Eighth Amendment rights cannot be fully realized.

1995While this Court has held that appellant cannot be prevented from presenting this testimony to the jury, Matson v. State, 819 S.W.2d 839, 850-51 (Tex.Crim.App.1991), without instruction on the applicable parole eligibility law, it is my opinion that appellant's Eighth Amendment rights cannot be fully realized.

11
Aetna Insurance Company v. Paddockgreen
ca5 · 1962 · cited in 1 Texas opinions naming this issue, 1992–1992
1 sentence

1992The contention here is that since the jury was asked and answered, “[w]hat sum of money, if paid now in cash, would fairly and reasonably compensate Kim ... for her injuries, ...,” she was not entitled to prejudgment interest, citing Aetna Insurance Company v. Paddock, 301 F.2d 807, 812 (5th Cir.1962) in support of that assertion.

11
Duncan v. Poguegreen
tex · 1988 · cited in 1 Texas opinions naming this issue, 1989–1989
1 sentence

1989Duncan v. Pogue, 759 S.W.2d at 435.

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 (12)

CaseCitedYears
Lucero v. State green
texcrimapp · 2008
1 sentence

2011As a corollary to his eighth point of error, the appellant argues in his ninth point of error that the trial court erred in refusing to submit a jury instruction that he requested at the close of the punishment phase that would have expressly informed the jury that its consideration of mitigating evidence was not limited to that evidence which directly reduces his “moral blameworthiness”;44 they could also, according to this proposed instruction, “consider any other evidence that would justify a sentence of life without parole.” The trial court’s refusal to submit this requested instruction, t

12011–2011
Tollett v. State green
tex · 1875
1 sentence

2006Neither Judge Baird nor Judge Clinton expressed any view of the factual-sufficiency issue, although their views might be considered evident from the fact that they both later joined Judge Maloney's opinion for the Court in Clewis . [14] See note 6, ante; Bigby v. State, supra, at 874-75 n. 5. [15] 44 Tex. 95 (1875). [16] 1 Tex.Ct.App. 488 (1877). [17] Clewis v. State, supra, at 138 (Clinton, J., concurring). [18] See March v. State, 3 Tex.Ct.App. 335, 336 (1877); Lockhart v. State, 3 Tex.Ct.App. 567, 570 (1878); Blake v. State, 3 Tex.Ct.App. 581, 587 (1878).

12006–2006
Pelzig v. Berkebile green
texapp · 1996
1 sentence

1997Pelzig v. Berkebile, supra; Zieba v. Martin, supra. The eighth point of error is overruled.

11997–1997
Zieba v. Martin green
texapp · 1996
1 sentence

1997Pelzig v. Berkebile, supra; Zieba v. Martin, supra. The eighth point of error is overruled.

11997–1997
Smith v. Texas green
scotus · 1995
2 sentences

1995Reaffirming the reasoning in my dissenting opinion in Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.1995) (Maloney, J., dissenting), ce rt. denied, — U.S.-, 116 S.Ct. 131 , 133 L.Ed.2d 80 (1995), I dissent to the majority’s eighth point of error. 1 In his eighth point of error, appellant argues that the trial court’s refusal to instruct the jury regarding the statutory minimum incarceration period that he would be required to serve before becoming eligible for parole violated the cruel and unusual punishment provision of the Eighth Amendment applicable to the states through the Due Process Clau

1995Reaffirming the reasoning in my dissenting opinion in Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.1995) (Maloney, J., dissenting), cert. denied, ___ U.S. ___, 116 S.Ct. 131 , 133 L.Ed.2d 80 (1995), I dissent to the majority's eighth point of error. [1] In his eighth point of error, appellant argues that the trial court's refusal to instruct the jury regarding the statutory minimum incarceration period that he would be required to serve before becoming eligible for parole violated the cruel and unusual punishment provision of the Eighth Amendment applicable to the states through the Due Proces

11995–1995
Smith v. State green
texcrimapp · 1995
2 sentences

1995Reaffirming the reasoning in my dissenting opinion in Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.1995) (Maloney, J., dissenting), ce rt. denied, — U.S.-, 116 S.Ct. 131 , 133 L.Ed.2d 80 (1995), I dissent to the majority’s eighth point of error. 1 In his eighth point of error, appellant argues that the trial court’s refusal to instruct the jury regarding the statutory minimum incarceration period that he would be required to serve before becoming eligible for parole violated the cruel and unusual punishment provision of the Eighth Amendment applicable to the states through the Due Process Clau

1995Reaffirming the reasoning in my dissenting opinion in Smith v. State, 898 S.W.2d 838 (Tex.Crim.App.1995) (Maloney, J., dissenting), cert. denied, ___ U.S. ___, 116 S.Ct. 131 , 133 L.Ed.2d 80 (1995), I dissent to the majority's eighth point of error. [1] In his eighth point of error, appellant argues that the trial court's refusal to instruct the jury regarding the statutory minimum incarceration period that he would be required to serve before becoming eligible for parole violated the cruel and unusual punishment provision of the Eighth Amendment applicable to the states through the Due Proces

11995–1995
Producers Chemical Company v. McKay green
texapp · 1961
2 sentences

1990As was stated in McKay, 348 S.W.2d at 96 : "We realize the evidence is never the same in any two cases and that each case stands on its own...." Having found some evidence to support the finding, the "no evidence" challenge under the eighth point of error is overruled.

1990As was stated in McKay, 348 S.W.2d at 96 : “We realize the evidence is never the same in any two cases and that each case stands on its own....” Having found some evidence to support the finding, the “no evidence” challenge under the eighth point of error is overruled.

11990–1990
Beets v. State green
texcrimapp · 1988
2 sentences

1989That drafters of the committee substitute the Senate sent to conference drew heavily on related provisions of the Model Penal Code written by the American Law Institute, just as legislators in Florida obviously, and in Georgia to some degree, had done in enacting statutes then extant, has been chronicled in, e.g., Beets v. State, 767 S.W.2d 711 (Tex.Cr.App.1988).

1989That drafters of the committee substitute the Senate sent to conference drew heavily on related provisions of the Model Penal Code written by the American Law Institute, just as legislators in Florida obviously, and in Georgia to some degree, had done in enacting statutes then extant, has been chronicled in, e.g., Beets v. State, 767 S.W.2d 711 (Tex.Cr.App.1988).

11989–1989
McAllen State Bank v. Linbeck Construction Corp. green
texapp · 1985
1 sentence

1985App. — El Paso 1981, no writ). [2] This case is distinguishable from the recent case decided by this Court, McAllen State Bank v. Linbeck Construction Corp., No. 84-085, 695 S.W.2d 10 (Tex.Civ.App. — Corpus Christi, 1985, writ ref'd.n.r.e.) wherein we held that a cause of action arose under the 1977 amendment because, although the contract was written before the 1977 law was in effect, the construction work, which was the basis of the cause of action in that case, was performed subsequent to the effective date of the 1977 amendment and prior to the 1979 amendment. [3] It should be pointed out

11985–1985
Dunn v. Dunn green
tex · 1969
1 sentence

1983Dunn v. Dunn, supra. The appellant’s eighth point of error is overruled.

11983–1983
First State Bank, Morton v. Chesshir green
texapp · 1981
2 sentences

1982Rule 274. [1] In our original consideration of the appeal, we overruled the bank's eighth point of error by which it contended the trial court erred in not disregarding the jury's answer to issue no. 1(a) because the same is so against the great weight and overwhelming preponderance of the evidence as to be unjust. 613 S.W.2d at 63 .

1982Rule 274. 1 In our original consideration of the appeal, we overruled the bank’s eighth point of error by which it contended the trial court erred in not disregarding the jury’s answer to issue no. 1(a) because the same is so against the great weight and overwhelming preponderance of the evidence as to be unjust. 613 S.W.2d at 63 .

11982–1982
Jones v. McCoy green
texapp · 1971
1 sentence

1980Jones v. McCoy, 466 S.W.2d 667 (Tex.Civ.App.-Eastland 1971, no writ).

11980–1980

Statutes the citing opinions construe

TX § Tex. Penal Code § 12.32 (3) TX § Tex. Penal Code § 12.42 (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.

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