workable rule (Texas) · Go Syfert
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workable rule in Texas

20 Texas opinions name it 3 courts 1986–2025 1 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 (11)

CaseFollowedCited
State v. Ballardgreen
texcrimapp · 1999 · cited in 3 Texas opinions naming this issue, 2006–2006
2 sentences

2006See also State v. Ballard, 987 S.W.2d 889, 892 (Tex.Cr.App. 1999).

2006See also State v. Ballard, 987 S.W.2d 889, 892 (Tex.Cr.App. 1999).

33
Missouri v. McNeelygreen
scotus · 2013 · cited in 2 Texas opinions naming this issue, 2014–2015
2 sentences

2015When obtaining the best evidence is imperative because the suspect is a proven incorrigible DWI offender, “[a] rule that requires officers (and ultimately courts) to balance transportation delays, hospital availability, and access to magistrates is not a workable rule [since] natural processes inevitably destroy the evidence with every passing minute.” McNeely, 133 S.Ct. at 1578 (Thomas, J., dissenting).26 CONCLUSION At least with respect to incorrigible DWI offenders, the Fourth Amendment does not require that the general balancing of competing interests occur at the level of the individual s

2014When obtaining the best evidence is imperative because the suspect is a proven incorrigible DWI offender, “[a] rule that requires officers (and ultimately courts) to balance transportation delays, hospital availability, and access to magistrates is not a workable rule [since] natu ral processes inevitably destroy the evidence with every passing minute.” McNeely, 133 S.Ct. at 1578 (Thomas,, J., dissenting), 26 CONCLUSION At least with respect to incorrigible DWI offenders, the Fourth Amendment does not require that, the general balancing of competing interests occur at the level of the individu

22
Texas Ass'n of Appraisal Districts v. Hartgreen
texapp · 2012 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015Ante at ––––; see also test “satisfies the legislature's intent[ ] to shed light on the Tex. Ass'n of Appraisal Dists., Inc. v. Hart, 382 S.W.3d 587 , affairs of government” and “provides a workable framework 591–92 (Tex.App.–Austin 2012, no pet.)(observing that the for determining whether an entity is a governmental body dictionary definitions of “support” are “so broad and varied under the [Act] because it treats entities functioning as that any private entity that receives any public funds can be governmental bodies as such while eliminating vendors said to be, at least in part, ‘supported’

2015Ante at 84; see also test “satisfies the legislature's intent[ ] to shed light on the Tex. Ass'n of Appraisal Dists., Inc. v. Hart, 382 S.W.3d 587 , affairs of government” and “provides a workable framework 591–92 (Tex.App.–Austin 2012, no pet.) (observing that the for determining whether an entity is a governmental body dictionary definitions of “support” are “so broad and varied under the [Act] because it treats entities functioning as that any private entity that receives any public funds can governmental bodies as such while eliminating vendors be said to be, at least in part, ‘supported’

22
New York v. Beltonred
scotus · 1981 · cited in 4 Texas opinions naming this issue, 2005–2006
2 sentences

2006In New York v. Belton, 453 U.S. 454, 459-60 , 101 S.Ct. 2860 , 69 L.Ed.2d 768 (1981), to establish a workable rule regarding the definition of the area within an arrestee’s immediate control, the Court held that when an officer makes a lawful custodial arrest of the occupant of a vehicle, he may, contemporaneously incident to that arrest, search the passenger compartment of the vehicle.

2006In New York v. Belton, 453 U.S. 454, 459-60 , 101 S.Ct. 2860 , 69 L.Ed.2d 768 (1981), to establish a workable rule regarding the definition of the area within an arrestee’s immediate control, the Court held that when an officer makes a lawful custodial arrest of the occupant of a vehicle, he may, contemporaneously incident to that arrest, search the passenger compartment of the vehicle.

14
White v. Revco Discount Drug Centers, Inc.green
tenn · 2000 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025See id. at 724-25 (quoting RESTATEMENT (SECOND) OF AGENCY § 226 & cmt. a (AM.

11
Coty, Leroy Edwardgreen
texcrimapp · 2014 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017Neither approach seems wholly satisfying, but at least the approach in Coty provides a workable standard and seems likely to be applied to Carrion’s Pena Concurring – 15 “drug swapping” scheme in the future. 418 S.W.3d 597, 605 (Tex. Crim.

11
Penrod Drilling Corp. v. Williamsgreen
tex · 1993 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Christus Health Gulf Coast v. Aetna, Inc., 237 S.W.3d 338 , 343 & n.8 (Tex.2007) (noting that Fifth Circuit precedent is persuasive but not binding on this Court) (citing Penrod Drilling Corp. v. Williams, 868 S.W.2d 294, 296 (Tex.1993)).

11
Christus Health Gulf Coast v. Aetna, Inc.green
tex · 2007 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Christus Health Gulf Coast v. Aetna, Inc., 237 S.W.3d 338 , 343 & n.8 (Tex.2007) (noting that Fifth Circuit precedent is persuasive but not binding on this Court) (citing Penrod Drilling Corp. v. Williams, 868 S.W.2d 294, 296 (Tex.1993)).

11
Brooks v. Stategreen
texcrimapp · 2010 · cited in 1 Texas opinions naming this issue, 2011–2011
1 sentence

2011See Brooks, 323 S.W.3d at 894 .

11
Comanche Nation v. Foxgreen
texapp · 2004 · cited in 1 Texas opinions naming this issue, 2006–2006
1 sentence

2006Commanche Nation, 128 S.W.3d at 750; Lowe , 971 S.W.2d at 727 .

11
United States v. 564.54 Acres of Monroe and Pike County Landgreen
scotus · 1979 · cited in 1 Texas opinions naming this issue, 1992–1992
2 sentences

1992The standard therefore attempts to determine “What compensation is ‘just’ both to an owner whose property is taken and to the public that must pay the bill?” See United States v. Commodities Trading Corp., 339 U.S. 121, 123 , 70 S.Ct. 547, 549 , 94 L.Ed. 707 (1950) (emphasis added); see also 564.54 Acres, 441 U.S. at 512 , 99 S.Ct. at 1857 (market value concept chosen to “strike a fair ‘balance between the public’s need and the claimant’s loss’ ”).

1992The standard therefore attempts to determine “What compensation is ‘just’ both to an owner whose property is taken and to the public that must pay the bill?” See United States v. Commodities Trading Corp., 339 U.S. 121, 123 , 70 S.Ct. 547, 549 , 94 L.Ed. 707 (1950) (emphasis added); see also 564.54 Acres, 441 U.S. at 512 , 99 S.Ct. at 1857 (market value concept chosen to “strike a fair ‘balance between the public’s need and the claimant’s loss’ ”).

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 (11)

CaseCitedYears
Carranza v. State green
texcrimapp · 1998
2 sentences

2015Carranza, 980 S.W.2d at 656 .

2003Carranza, 980 S.W.2d at 656 .

22003–2015
Lowe v. Lowe green
texapp · 1998
2 sentences

2006Martinez, 157 S.W.3d at 470 ; Lowe, 971 S.W.2d at 727 .

2006Commanche Nation, 128 S.W.3d at 750; Lowe , 971 S.W.2d at 727 .

22006–2006
Texas Lottery Commission v. First State Bank of DeQueen green
tex · 2010
1 sentence

2015Tex. Lottery Comm’n, 325 S.W.3d at 639 .

12015–2015
Martinez v. Martinez green
texapp · 2004
1 sentence

2006Martinez, 157 S.W.3d at 470 ; Lowe, 971 S.W.2d at 727 .

12006–2006
Nolan ex rel. Estate of Johnson v. Boeing Co. green
ca5 · 1990
1 sentence

1996The Airbus defendants argue that FSIA should be broadly construed, citing as authority Nolan v. Boeing Co., 919 F.2d 1058 (5th Cir.1990), cert. denied, 499 U.S. 962 , 111 S.Ct. 1587 , 113 L.Ed.2d 651 (1991).

11996–1996
Hanjin Container Lines, Inc. v. Tokio Marine & Fire Insurance green
scotus · 1991
1 sentence

1996The Airbus defendants argue that FSIA should be broadly construed, citing as authority Nolan v. Boeing Co., 919 F.2d 1058 (5th Cir.1990), cert. denied, 499 U.S. 962 , 111 S.Ct. 1587 , 113 L.Ed.2d 651 (1991).

11996–1996
Nolan v. Boeing Co. green
scotus · 1991
2 sentences

1996The Airbus defendants argue that FSIA should be broadly construed, citing as authority Nolan v. Boeing Co., 919 F.2d 1058 (5th Cir.1990), cert. denied, 499 U.S. 962 , 111 S.Ct. 1587 , 113 L.Ed.2d 651 (1991).

1996The Airbus defendants argue that FSIA should be broadly construed, citing as authority Nolan v. Boeing Co., 919 F.2d 1058 (5th Cir.1990), cert. denied, 499 U.S. 962 , 111 S.Ct. 1587 , 113 L.Ed.2d 651 (1991).

11996–1996
United States v. Commodities Trading Corp. green
scotus · 1950
2 sentences

1992The standard therefore attempts to determine “What compensation is ‘just’ both to an owner whose property is taken and to the public that must pay the bill?” See United States v. Commodities Trading Corp., 339 U.S. 121, 123 , 70 S.Ct. 547, 549 , 94 L.Ed. 707 (1950) (emphasis added); see also 564.54 Acres, 441 U.S. at 512 , 99 S.Ct. at 1857 (market value concept chosen to “strike a fair ‘balance between the public’s need and the claimant’s loss’ ”).

1992The standard therefore attempts to determine “What compensation is ‘just’ both to an owner whose property is taken and to the public that must pay the bill?” See United States v. Commodities Trading Corp., 339 U.S. 121, 123 , 70 S.Ct. 547, 549 , 94 L.Ed. 707 (1950) (emphasis added); see also 564.54 Acres, 441 U.S. at 512 , 99 S.Ct. at 1857 (market value concept chosen to “strike a fair ‘balance between the public’s need and the claimant’s loss’ ”).

11992–1992
Chapman v. California yellow
scotus · 1967
2 sentences

1991While appellate courts do not ordinarily have the original task of applying such a test, it is a familiar standard to all courts, and we believe its adoption will provide a more workable standard, although achieving the same result as that aimed at in our Fahy case.” 1 Rather than accept for analytical purposes those explications of the rule, the Harris opinion lays down a premise that the rule is “expressed in conclusory terms that implicate subjective concerns [without] the objective standards that must be explored to reach a legally correct result,” id., at 585 , and after engaging in a dis

1991While appellate courts do not ordinarily have the original task of applying such a test, it is a familiar standard to all courts, and we believe its adoption will provide a more workable standard, although achieving the same result as that aimed at in our Fahy case.” 1 Rather than accept for analytical purposes those explications of the rule, the Harris opinion lays down a premise that the rule is “expressed in conclusory terms that implicate subjective concerns [without] the objective standards that must be explored to reach a legally correct result,” id., at 585 , and after engaging in a dis

11991–1991
Martin v. State green
texcrimapp · 1980
1 sentence

1986Until 1981 appellate review of sufficiency of evidence pertaining to such matters reposed solely in this Court, and in, e.g., White v. State, 591 S.W.2d 851 (Tex.Cr.App.1979) (jury verdict in competency hearing), and Martin v. State, 605 S.W.2d 259 (Tex.Cr.App.1980) (court finding of sanity in probation revocation hearing), we sorted them out in light of constitutional and statutory provisions then extant, viz: “After an examination of the constitutional and statutory provisions relating to the jurisdiction of the Court of Criminal Appeals, we conclude that this court has no fact jurisdiction

11986–1986
White v. State yellow
texcrimapp · 1979
2 sentences

1986Until 1981 appellate review of sufficiency of evidence pertaining to such matters reposed solely in this Court, and in, e.g., White v. State, 591 S.W.2d 851 (Tex.Cr.

1986Until 1981 appellate review of sufficiency of evidence pertaining to such matters reposed solely in this Court, and in, e.g., White v. State, 591 S.W.2d 851 (Tex.Cr.App.1979) (jury verdict in competency hearing), and Martin v. State, 605 S.W.2d 259 (Tex.Cr.App.1980) (court finding of sanity in probation revocation hearing), we sorted them out in light of constitutional and statutory provisions then extant, viz: “After an examination of the constitutional and statutory provisions relating to the jurisdiction of the Court of Criminal Appeals, we conclude that this court has no fact jurisdiction

11986–1986

Statutes the citing opinions construe

TX § Tex. Transp. Code § 547.324 (3) TX § Tex. Water Code § 67.002 (3) USC § 42u.s.c.9913 (3) USC § 5u.s.c.552 (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

CA 43 (1959–2023) MI 37 (1915–2026) NY 34 (1903–2014) PA 29 (1949–2026) MD 26 (1981–2022) NJ 20 (1934–2025) TX 20 (1986–2025) AL 19 (1986–2013) HI 18 (1917–2026) OH 14 (1985–2014) TN 13 (1966–2011) FL 13 (1970–2017) WI 9 (1928–2025) WV 9 (1980–2024) IN 9 (1969–1984) WA 8 (1982–2020) RI 8 (1994–2023) GA 8 (1982–2017) CO 7 (1981–2019) IL 7 (1990–2022) NV 7 (1987–2023) OR 7 (1955–2019) CT 7 (1929–2009) NM 6 (2013–2018) MN 6 (1913–2018) IA 5 (1966–2021) MA 5 (1968–2012) NC 5 (1973–2016) MS 5 (1987–2018) KY 4 (1966–2021) AR 4 (1987–2026) AZ 4 (1971–2019) ID 4 (1984–2007) ME 4 (1972–2023) VA 3 (1929–2011) WY 3 (1981–2008) LA 3 (1981–2011) DC 3 (1992–2017) UT 3 (1997–2025) DE 2 (1973–2026) MO 2 (1983–2009) OK 2 (1996–2004) MT 2 (2008–2008) AK 2 (1972–1979) KS 2 (1984–1998)

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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