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20 Texas opinions name it 3 courts 1994–2024 4 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 |
|---|---|---|
Hudson v. United Statesgreen2 sentences2022Hudson v. United States, 522 U.S. 93, 99-100 , 118 S. Ct. 488 , 139 L. 2022Hudson v. United States, 522 U.S. 93, 99-100 , 118 S. Ct. 488 , 139 L. | 3 | 6 |
Kelly v. Stategreen2 sentences1999See Kelly, 824 S.W.2d at 573 (holding that the seven are factors a trial court could rely on, but trial courts are not limited to considering only those factors). 1997Williams assumes that when the prosecutor questioned the chemist about her qualifications to be an expert witness, he was trying to convince the trial court to evaluate her qualifications in light of the seven factors listed in Kelly v. State, 824 S.W.2d 568, 573 (Tex.Crim.App.1992): (1) the extent to which the underlying scientific theory and technique are accepted as valid by the relevant scientific community, if such a community can be ascertained; *403 (2) the qualifications of the expert(s) testifying; (3) the existence of literature supporting or rejecting the underlying scientific theor | 3 | 3 |
Harrell v. Stategreen2 sentences2003See id. at 773 . 2003See id. at 773 . | 2 | 2 |
Kennedy v. Mendoza-Martinezgreen2 sentences2008Scienter and retribution were two of the seven factors discussed in Kennedy. 372 U.S. at 168-69 , 83 S.Ct. 554 . 2008Scienter and retribution were two of the seven factors discussed in Kennedy. 372 U.S. at 168-69 , 83 S.Ct. 554 . | 1 | 5 |
EI Du Pont De Nemours & Co. v. Robinsongreen1 sentence2021E.I. du Pont de Nemours & Co. v. Robinson, 923 S.W.2d 549, 555 (Tex. 1995) (summarizing Daubert); see Hartman v. State, 946 S.W.2d 60, 62 (Tex. Crim. | 1 | 1 |
Hartman v. Stategreen1 sentence2021E.I. du Pont de Nemours & Co. v. Robinson, 923 S.W.2d 549, 555 (Tex. 1995) (summarizing Daubert); see Hartman v. State, 946 S.W.2d 60, 62 (Tex. Crim. | 1 | 1 |
RODRIGUEZ-FLORES v. Stategreen1 sentence2016Id.; Rodriguez-Flores v. State, 351 S.W.3d 612, 636 (Tex. App.—Austin 2011, pet. ref’d); Williams v. State, 718 S.W.2d 772, 774 (Tex. App.—Corpus Christi 1986), aff’d in part and rev’d in part on other grounds, 851 S.W.2d 282 (Tex. Crim. | 1 | 1 |
Williams v. Stategreen1 sentence2016Id.; Rodriguez-Flores v. State, 351 S.W.3d 612, 636 (Tex. App.—Austin 2011, pet. ref’d); Williams v. State, 718 S.W.2d 772, 774 (Tex. App.—Corpus Christi 1986), aff’d in part and rev’d in part on other grounds, 851 S.W.2d 282 (Tex. Crim. | 1 | 1 |
In Re Guardianship of Patlangreen1 sentence2014Assocs., L.P., 416 S.W.3d 217, 223 (Tex. App.—Fort Worth 2013, no pet.) (citing McInnis and listing the same seven factors); In re Guardianship of Patlan, 350 S.W.3d 189, 196 (Tex. App.—San Antonio 2011, no pet.) (same); Univ. of Tex. M.D. | 1 | 1 |
University of Texas M.D. Anderson Cancer Center v. Kinggreen1 sentence2014Anderson Cancer Ctr. v. King, 329 S.W.3d 876, 884 (Tex. App.—Houston [14th Dist.] 2010, pet. denied) (same). 15 record supports the trial court’s evidentiary findings, the reviewing court is not at liberty to disturb them.” Id. at 634. | 1 | 1 |
D.R. Horton - Texas, Ltd. and DRHI, Inc. v. Savannah Properties Associates, L.P.green1 sentence2014Assocs., L.P., 416 S.W.3d 217, 223 (Tex. App.—Fort Worth 2013, no pet.) (citing McInnis and listing the same seven factors); In re Guardianship of Patlan, 350 S.W.3d 189, 196 (Tex. App.—San Antonio 2011, no pet.) (same); Univ. of Tex. M.D. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
in Re State Farm Lloyds
green
2 sentences2021We recognized in State Farm Lloyds that Rule 192.4 imposes a “proportionality inquiry” that requires “case-by-case balancing” in light of seven different factors. 520 S.W.3d at 607 .1 And trial courts 1 The seven factors are (1) the likely benefit of the requested discovery, (2) the needs of the case, (3) the amount in controversy, (4) the parties’ resources, (5) the importance of the issues at stake in the litigation, (6) the importance of the proposed discovery in resolving the litigation, and (7) any other articulable factor bearing on proportionality. 2021State Farm Lloyds, 520 S.W.3d at 608–12. 3 must also consider Rule 176.7, which applies to nonparty discovery requests2 and places a duty on the party seeking discovery to avoid undue burden or expense. | 1 | 2021–2021 |
Turrubiartes v. Olvera
green
1 sentence2020Turrubiartes, 539 S.W.3d at 529 . | 1 | 2020–2020 |
Williams v. State
green
1 sentence2016Id.; Rodriguez-Flores v. State, 351 S.W.3d 612, 636 (Tex. App.—Austin 2011, pet. ref’d); Williams v. State, 718 S.W.2d 772, 774 (Tex. App.—Corpus Christi 1986), aff’d in part and rev’d in part on other grounds, 851 S.W.2d 282 (Tex. Crim. | 1 | 2016–2016 |
Edwards v. State
green
1 sentence2011In his supporting brief, appellant argued that the voice mail recordings should be excluded from evidence because the State failed to establish the proper foundation pursuant to the seven factors set forth in Edwards v. State , 551 S.W.2d 731 (Tex. Crim. | 1 | 2011–2011 |
McCormick v. United States
green
2 sentences1994Thus even assuming the Court of Appeals was correct on the law, the conviction should not have been affirmed on that basis but should have been set aside and a new trial ordered, [citations omitted] McCormick, 500 U.S. at 270 , 111 S.Ct. at 1815 . 1994Thus even assuming the Court of Appeals was correct on the law, the conviction should not have been affirmed on that basis but should have been set aside and a new trial ordered, [citations omitted] McCormick, 500 U.S. at 270 , 111 S.Ct. at 1815 . | 1 | 1994–1994 |
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.