evidence adduced hearing (Texas) · Go Syfert
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evidence adduced hearing in Texas

128 Texas opinions name it 4 courts 1916–2024 6 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 (47)

CaseFollowedCited
Rachal v. Stategreen
texcrimapp · 1996 · cited in 14 Texas opinions naming this issue, 2002–2024
2 sentences

2024Rachal v. State, 917 S.W.2d 799, 809 (Tex. Crim.

2021Rachal v. State, 917 S.W.2d 799, 809 (Tex. Crim.

1414
In Re Guardianship of Berrygreen
texapp · 2003 · cited in 3 Texas opinions naming this issue, 2008–2024
2 sentences

2024See Sink v. Sink, 364 S.W.3d 340, 347 (Tex. App.— Dallas 2012, no pet.) (“A trial court’s order pertaining to health insurance for the children will not be reversed on appeal unless the complaining party can show a clear abuse of discretion.”); In the Int. of A.C.J., 146 S.W.3d 323, 327 (Tex. App.— Beaumont 2004, no pet.) (“We will not reverse a trial court’s judgment on attorney’s fees in a suit affecting the parent-child relationship absent a clear showing of abuse of discretion.”); In re the Guardianship of Berry, 105 S.W.3d 665, 667 (Tex. App.— Beaumont 2003, no pet.) (mem. op.) (“Where no

2008See In re Berry, 105 S.W.3d at 667 .

33
Villegas v. Cartergreen
tex · 1986 · cited in 3 Texas opinions naming this issue, 2005–2018
2 sentences

2018See Villegas, 711 S.W.2d at 626 ; Ruiz, 2014 WL 4458952 , at *3; Qurashi, 2013 WL 2644182 , at *3. 3 Therefore, the trial court did not abuse its discretion by denying Niranjan’s motion for continuance.

2005See id. ; Crank, 666 S.W.2d at 94 ; see also Tex. R.

33
Quinn v. Stategreen
texcrimapp · 1997 · cited in 3 Texas opinions naming this issue, 2000–2002
2 sentences

2002See Quinn v. State, 958 S.W.2d 395, 402 (Tex.Crim.App.1997).

2000Quinn v. State , 958 S.W.2d 395, 402 (Tex. Crim.

33
Hardesty v. Stategreen
texcrimapp · 1984 · cited in 7 Texas opinions naming this issue, 1991–2002
2 sentences

1995Hardesty v. State, 667 S.W.2d 130, 133, n. 6 (Tex.Crim.App.1984) (Generally this Court would look only to the evidence adduced at the hearing because the trial judge did not have the benefit of the testimony from trial when making his ruling.

1991The evidence adduced at the hearing on the motions, the only evidence considered, Hardesty v. State, 667 S.W.2d 130 , 133 n. 6 (Tex.Cr.App.1984), negates an abuse of discretion because it supports the court’s findings, thereby requiring that they be upheld.

27
Bryan v. Resolution Trust Corp.green
texapp · 1992 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Bryan, 823 S.W.2d at 434-35 (court authorized to enter modified judgment to correctly reflect approved final judgment of parties); see also Lawrence v. Kohl, 853 S.W.2d 697, 701 (Tex.App.—Houston [1st Dist.] 1993, no writ) (unpublished part of opinion available on Westlaw) (“[T]he court has no power to supply terms, provisions, or essential details not previously agreed to by the parties.” (citing Dodson v. Seymour, 664 S.W.2d 158, 161 (Tex.App.—San Antonio 1983, no writ)).

2015See Bryan, 823 S.W.2d at 434–35 (court authorized to enter modified judgment to 1 AAS’s brief designates some of its responsive contentions as “cross points,” but it does not seek relief that would alter the trial court’s judgment.

22
Robinson v. Robinsongreen
tex · 1972 · cited in 2 Texas opinions naming this issue, 1979–2015
2 sentences

2015Rogers v. Rogers, 561 S.W.2d 172 , 173– 74 (Tex. 1978); Robinson v. Robinson, 487 S.W.2d 713, 715 (Tex. 1972).

1979Robinson v. Robinson, 487 S.W.2d 713, 715 (Tex.1972); Rogers v. Rogers, 561 S.W.2d 172, 173-4 (Tex.1978); Morgan Express, Inc. v. Elizabeth-Perkins, Inc., 525 S.W.2d 312, 314 (Tex.Civ.App.—Dallas 1975, writ ref’d).

22
In Re the Marriage of Spiegelgreen
texapp · 1999 · cited in 2 Texas opinions naming this issue, 2003–2003
2 sentences

2003See Interest of L.C.H., 80 S.W.3d 689, 691 (Tex. App.--Fort Worth 2002, no pet.) ("Where a reporter's record is not requested, the trial court's findings of fact are conclusive, and we presume that sufficient evidence was introduced to support the findings and the judgment based on them."); In re Marriage of Spiegel, 6 S.W.3d 643, 646 (Tex. App.--Amarillo 1999, no pet.)("Simply put, if the reporter's record is absent because the appellant did not satisfy [Texas Rule of Appellate Procedure] rule 35.3(b), we will not only continue to presume that the missing record supports the trial court's det

2003See Interest of L.C.H., 80 S.W.3d 689, 691 (Tex.App.Fort Worth 2002, no pet.) (“Where a reporter’s record is not requested, the trial court’s findings of fact are conclusive, and we presume that sufficient evidence was introduced to support the findings and the judgment based on them.”); In re Marriage of Spiegel, 6 S.W.3d 643, 646 (Tex.App.-Amarillo 1999, no pet.)(“Simply put, if the reporter’s record is absent because the appellant did not satisfy [Texas Rule of Appellate Procedure] rule 35.3(b), we will not only continue to presume that the missing record supports the trial court’s determin

22
In the Interest of L.C.H.green
texapp · 2002 · cited in 2 Texas opinions naming this issue, 2003–2003
2 sentences

2003See Interest of L.C.H., 80 S.W.3d 689, 691 (Tex. App.--Fort Worth 2002, no pet.) ("Where a reporter's record is not requested, the trial court's findings of fact are conclusive, and we presume that sufficient evidence was introduced to support the findings and the judgment based on them."); In re Marriage of Spiegel, 6 S.W.3d 643, 646 (Tex. App.--Amarillo 1999, no pet.)("Simply put, if the reporter's record is absent because the appellant did not satisfy [Texas Rule of Appellate Procedure] rule 35.3(b), we will not only continue to presume that the missing record supports the trial court's det

2003See Interest of L.C.H., 80 S.W.3d 689, 691 (Tex.App.Fort Worth 2002, no pet.) (“Where a reporter’s record is not requested, the trial court’s findings of fact are conclusive, and we presume that sufficient evidence was introduced to support the findings and the judgment based on them.”); In re Marriage of Spiegel, 6 S.W.3d 643, 646 (Tex.App.-Amarillo 1999, no pet.)(“Simply put, if the reporter’s record is absent because the appellant did not satisfy [Texas Rule of Appellate Procedure] rule 35.3(b), we will not only continue to presume that the missing record supports the trial court’s determin

22
Jones v. Stategreen
texcrimapp · 1979 · cited in 2 Texas opinions naming this issue, 1990–1998
2 sentences

1998Jones v. State, 589 S.W.2d 419, 421 (Tex.Crim.App.1979).

1990Jones v. State , 589 S.W.2d 419, 421 (Tex. Crim.

22
Rogers v. Rogersgreen
tex · 1978 · cited in 2 Texas opinions naming this issue, 1979–2015
2 sentences

2015Rogers v. Rogers, 561 S.W.2d 172 , 173– 74 (Tex. 1978); Robinson v. Robinson, 487 S.W.2d 713, 715 (Tex. 1972).

1979Robinson v. Robinson, 487 S.W.2d 713, 715 (Tex.1972); Rogers v. Rogers, 561 S.W.2d 172, 173-4 (Tex.1978); Morgan Express, Inc. v. Elizabeth-Perkins, Inc., 525 S.W.2d 312, 314 (Tex.Civ.App.—Dallas 1975, writ ref’d).

12
Dang v. Stategreen
texapp · 2003 · cited in 2 Texas opinions naming this issue, 2003–2003
2 sentences

2003Rachal v. State, 917 S.W.2d 799, 809 (Tex.Crim.App.1996); Dang v. State, 99 S.W.3d 172, 179 (Tex.App.-Houston [14th Dist.] 2002, no pet.).

2003Rachal v. State, 917 S.W.2d 799, 809 (Tex.Crim.App.1996); Dang, 99 S.W.3d at 179 .

12
Green v. Stategreen
texcrimapp · 1981 · cited in 2 Texas opinions naming this issue, 1983–1991
2 sentences

1991Green v. State, 615 S.W.2d at 707 .

1983See also Green v. State, 615 S.W.2d 700, 707 (Tex.Cr.App.1980).

12
Englander Co. v. Kennedygreen
tex · 1968 · cited in 2 Texas opinions naming this issue, 1972–1979
2 sentences

1979“When the complaint is that the evidence is factually or legally insufficient to support vital findings of fact, or that the evidence conclusively refutes vital findings, this burden cannot be discharged in the absence of a complete or an agreed statement of facts.” Englander Co. v. Kennedy, 428 S.W.2d 806, 807 (Tex.Sup.1968).

1972Englander Co. Inc., v. Kennedy, Tex., 428 S.W.2d 806 ; Ehrhardt v. Ehrhardt, Tex.Civ.App., Err.Ref., 368 S.W.2d 37 ; Guthrie v. National Homes Corp., Tex., 394 S.W.2d 494 ; Empire Life and Hospital Ins.

12
Sink v. Sinkgreen
texapp · 2012 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Sink v. Sink, 364 S.W.3d 340, 347 (Tex. App.— Dallas 2012, no pet.) (“A trial court’s order pertaining to health insurance for the children will not be reversed on appeal unless the complaining party can show a clear abuse of discretion.”); In the Int. of A.C.J., 146 S.W.3d 323, 327 (Tex. App.— Beaumont 2004, no pet.) (“We will not reverse a trial court’s judgment on attorney’s fees in a suit affecting the parent-child relationship absent a clear showing of abuse of discretion.”); In re the Guardianship of Berry, 105 S.W.3d 665, 667 (Tex. App.— Beaumont 2003, no pet.) (mem. op.) (“Where no

11
In Re ACJgreen
texapp · 2004 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Sink v. Sink, 364 S.W.3d 340, 347 (Tex. App.— Dallas 2012, no pet.) (“A trial court’s order pertaining to health insurance for the children will not be reversed on appeal unless the complaining party can show a clear abuse of discretion.”); In the Int. of A.C.J., 146 S.W.3d 323, 327 (Tex. App.— Beaumont 2004, no pet.) (“We will not reverse a trial court’s judgment on attorney’s fees in a suit affecting the parent-child relationship absent a clear showing of abuse of discretion.”); In re the Guardianship of Berry, 105 S.W.3d 665, 667 (Tex. App.— Beaumont 2003, no pet.) (mem. op.) (“Where no

11
State v. Connie Torrezgreen
texapp · 2016 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Torrez, 490 S.W.3d at 283 .

11
Noell v. Air Park Homeowners Ass'n, Inc.green
texapp · 2008 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023See Noell, 246 S.W.3d at 834–36.

11
GREENVILLE SURGERY CENTER, LTD. v. Beebegreen
texapp · 2010 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020Code Ann. § 15.50 (b)(2); see Greenville Surgery Ctr., Ltd. v. Beebe, 320 S.W.3d 850, 853 (Tex. App.—Dallas 2010, no pet.) (concluding physicians’ covenants not to compete were unenforceable because they did not contain a buyout clause).

11
In Re Columbia Medical Center of Las Colinas, Subsidiary, L.P.green
tex · 2009 · cited in 1 Texas opinions naming this issue, 2018–2018
11
Tucker, Thomas Paulgreen
texcrimapp · 2012 · cited in 1 Texas opinions naming this issue, 2016–2016
11
Dodson v. Seymourgreen
texapp · 1983 · cited in 1 Texas opinions naming this issue, 2015–2015
11
Lawrence v. Kohlgreen
texapp · 1993 · cited in 1 Texas opinions naming this issue, 2015–2015
11
Walker v. Texas Department of Family & Protective Servicesgreen
texapp · 2009 · cited in 1 Texas opinions naming this issue, 2015–2015
11
Lopez v. Stategreen
texcrimapp · 2011 · cited in 1 Texas opinions naming this issue, 2014–2014
11
United States v. Arvizugreen
scotus · 2002 · cited in 1 Texas opinions naming this issue, 2014–2014
11
Oursbourn v. Stategreen
texcrimapp · 2008 · cited in 1 Texas opinions naming this issue, 2014–2014
11
State v. Herndongreen
texcrimapp · 2007 · cited in 1 Texas opinions naming this issue, 2013–2013
11
Wood v. Stategreen
texcrimapp · 1972 · cited in 1 Texas opinions naming this issue, 2013–2013
11
Rickels v. Stategreen
texcrimapp · 2006 · cited in 1 Texas opinions naming this issue, 2013–2013
11
B.C. v. Rhodes Ex Rel. T.L.R.green
texapp · 2003 · cited in 1 Texas opinions naming this issue, 2012–2012
11
Amador v. Stategreen
texcrimapp · 2009 · cited in 1 Texas opinions naming this issue, 2011–2011
11
Salazar v. Stategreen
texcrimapp · 2001 · cited in 1 Texas opinions naming this issue, 2010–2010
11
Mason v. Our Lady Star of the Sea Catholic Churchgreen
texapp · 2005 · cited in 1 Texas opinions naming this issue, 2010–2010
11
In Re CHgreen
tex · 2002 · cited in 1 Texas opinions naming this issue, 2008–2008
11
Kernahan v. Stategreen
texcrimapp · 1983 · cited in 1 Texas opinions naming this issue, 2006–2006
11
Bullock v. Hewlett-Packard Co.green
tex · 1982 · cited in 1 Texas opinions naming this issue, 2004–2004
11
McCarty v. Texas Parks & Wildlife Departmentgreen
texapp · 1996 · cited in 1 Texas opinions naming this issue, 2004–2004
11
DeLeon v. Stategreen
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2001–2001
11
Flowers v. Stategreen
texcrimapp · 1996 · cited in 1 Texas opinions naming this issue, 1999–1999
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 (33)

CaseCitedYears
Gerst v. Nixon green
tex · 1966
2 sentences

1978Section 2.08 of the Act provides “that the Commissioner shall not approve any charter application unless he shall have affirmatively found from the data furnished with the application, the evidence adduced at such hearing, and his official records that:” (1) the prerequisites, where applicable, set forth in Sections 2.02, 2.03, 2.04, 2.05, and 2.06 have been complied with and that the Articles of incorporation comply with all other provisions of this Act; (2) the character, responsibility and general fitness of the persons named in the Articles of incorporation are such as to command confidenc

1970For definition of “public need” see Gerst v. Nixon, 411 S.W.2d 350 , Tex.Sup. (1967). .

31967–1978
State v. Moore green
texcrimapp · 2007
2 sentences

2010Moore, 225 S.W.3d at 570 .

2009Moore , 225 S.W.3d at 570 .

22009–2010
Illinois v. Gates green
scotus · 1983
2 sentences

2007As to the contention the affidavit does not specifically show the basis of knowledge of the identity of Bass or the basis of the informant's knowledge that the premises were under Bass's control, the case of Illinois v. Gates , 462 U.S. 213 , negates the necessity of a showing of the basis of knowledge and adopts a totality of the circumstances review.

2002As to the contention the affidavit does not specifically show the basis of knowledge of the identity of Bass or the basis of the informant's knowledge that the premises were under Bass's control, the case of Illinois v. Gates , 462 U.S. 213 , negates the necessity of a showing of the basis of knowledge and adopts a totality of the circumstances review.

22002–2007
Ex Parte Rowe v. State green
texcrimapp · 1993
2 sentences

2006The record shows that Avila could not post bond in any amount; accordingly, the trial court should have released Avila on a personal recognizance bond. 1 See Rowe, 853 S.W.2d at 582 ; Ex parte Kernahan, 657 S.W.2d 438, 434-35 (Tex.Crim.App.1983); McNeil, 772 S.W.2d at 490 .

2006The record shows that Avila could not post bond in any amount; accordingly, the trial court should have released Avila on a personal recognizance bond. [1] See Rowe, 853 S.W.2d at 582 ; Ex parte Kernahan, 657 S.W.2d 433, 434-35 (Tex. Crim.

22006–2006
State v. Crank green
tex · 1984
2 sentences

2005See id. ; Crank, 666 S.W.2d at 94 ; see also Tex. R.

2005See id. ; Crank, 666 S.W.2d at 94 ; see also Tex. R.

22005–2005
Mobil Oil Corp. v. Ellender green
tex · 1998
2 sentences

2004As directed by the supreme court, the trial court credited each appellee “with the amount reflecting the benefit he or she received from the settlement proceeds.” Utts I, 81 S.W.3d at 830 (citing Ellender, 968 S.W.2d at 927 ) (emphasis added).

2004As directed by the supreme court, the trial court credited each appellee "with the amount reflecting the benefit he or she received from the settlement proceeds." Utts I , 81 S.W.3d at 830 (citing Ellender , 968 S.W.2d at 927 ) (emphasis added).

22004–2004
Geyer v. Jones green
texapp · 1936
2 sentences

1981Vestal v. Jackson, 598 S.W.2d 724 (Tex.Civ.App.-Waco 1980, no writ); Rancho Camille, S. A. v. Beachum, 596 S.W.2d 632 (Tex.Civ.App.-Waco 1980, no writ); Geyer v. Jones, 93 S.W.2d 1192 (Tex.Civ.App.-San Antonio 1936, writ dism’d).

1980Gooch v. Sandboe (Galveston CA 1934) 69 S.W.2d 215 , error dismissed; Geyer v. Jones (San Antonio CA 1936) 93 S.W.2d 1192 , error dismissed.

21980–1981
Ex Parte Kollenborn green
tex · 1955
2 sentences

1977Ex parte Kollenborn, 154 Tex. 223 , 276 S.W.2d 251 (1955). *850 The relator testified that since the date on which the child support payments were set both he and his wife had lost their jobs.

1977Ex parte Kollenborn, 154 Tex. 223 , 276 S.W.2d 251 (1955). *850 The relator testified that since the date on which the child support payments were set both he and his wife had lost their jobs.

21967–1977
O'DELL v. State green
texcrimapp · 1971
2 sentences

1974“The record reflects that after the verdict of guilty was returned by the jury, appellant pleaded ‘True’ to the enhancement paragraph of the indictment which states said offense to be ‘one of like character . . . ’ “In O’Dell v. State, 467 S.W.2d 444 , we held that the plea of ‘True’ was sufficient to show the prior conviction.

1973The record reflects that after the verdict of guilty was returned by the jury, appellant pleaded “True” to the enhancement paragraph of the indictment which states said offense to be “one of like character In O’Dell v. State, 467 S.W.2d 444 , we held that the plea of “True” was sufficient to show the prior conviction.

21973–1974
Graves v. First National Bank of Bonham neutral
tex · 1890
2 sentences

1926Graves v. Bank, 77 Texas 555, 556 , 14 S. W., 163 ; Robinson v. Chamberlain, 29 Texas Civ.

1926Graves v. Bank, 77 Texas 555, 556 , 14 S. W., 163 ; Robinson v. Chamberlain, 29 Texas Civ.

21922–1926
Heiselbetz v. State green
texcrimapp · 1995
1 sentence

2022However, a “trial court may deny bail and commit the defendant to custody if there then exists good cause to believe that the defendant would not appear when his conviction became final or is likely to commit another offense while on bail.” Id. art. 44.04(c). 4 While we are sympathetic to Diaz’s serious health issues, the evidence adduced at the hearing showed that Diaz had knowingly violated the sex offender registration requirements for a period of at least three years before his arrest—he admitted as much by pleading guilty to the offense.

12022–2022
Jackson v. State green
texcrimapp · 1994
12015–2015
Cantu v. State green
texcrimapp · 1991
12014–2014
Freeman v. State green
texapp · 2005
12014–2014
Moore v. State green
texcrimapp · 1980
12013–2013
Cochran v. State green
texapp · 2002
12013–2013
Cantu v. State green
texcrimapp · 1992
12013–2013
Director, State Employees Workers' Compensation Division v. Evans green
tex · 1994
12010–2010
Ortiz v. State green
texcrimapp · 2002
12007–2007
Ex Parte McNeil green
texapp · 1989
12006–2006
Utts v. Short green
tex · 2002
12004–2004
Williams v. State green
texcrimapp · 1979
11999–1999
Credit Bureau Services-New Orleans v. Hyde green
scotus · 1989
11995–1995
Boothe v. Hausler green
tex · 1989
11992–1992
Oliver v. State green
texcrimapp · 1967
11990–1990
Helms v. Texas Alcoholic Beverage, Commission green
texapp · 1985
11989–1989
Rector v. Texas Alcoholic Beverage Commission green
tex · 1980
11989–1989
McMahon v. State green
texcrimapp · 1978
11985–1985
Writt v. State green
texcrimapp · 1976
11985–1985
O'BRYAN v. State green
texcrimapp · 1979
11985–1985
Darrington v. State green
texcrimapp · 1981
11985–1985
Green v. State green
texcrimapp · 1984
11985–1985
Kindell v. State green
texcrimapp · 1966
11984–1984

Statutes the citing opinions construe

TX § Tex. Penal Code § 19.02 (5) TX § Tex. Penal Code § 49.04 (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

NY 555 (1936–2026) TX 128 (1916–2024) LA 109 (1925–2025) GA 89 (1904–2021) OH 69 (1925–2024) IL 61 (1913–2025) CA 58 (1914–2026) MO 25 (1960–2023) VA 23 (1992–2020) FL 21 (1955–2019) AL 20 (1891–2015) PA 19 (1900–2022) CT 15 (1975–2015) TN 13 (1997–2022) NC 11 (1936–2021) IN 11 (1909–2015) NJ 9 (1960–2026) CO 8 (1980–2024) NE 8 (1898–2021) DC 8 (1976–2015) MA 7 (1945–2025) AZ 7 (1965–1998) AR 6 (1903–1997) WV 6 (1933–1989) RI 6 (1967–2023) MN 5 (1936–1989) OK 5 (1958–2024) MD 5 (1975–2013) WA 5 (1939–2020) KS 5 (1906–2020) WY 5 (1941–2008) ID 5 (1952–1978) ME 4 (1993–2021) NM 4 (1981–1990) IA 4 (1932–1978) MS 4 (1973–1997) HI 4 (1953–2024) MI 3 (1983–2024) NV 3 (1938–1994) OR 3 (1972–2008) WI 2 (1972–1984) MT 2 (1928–1935) KY 2 (1967–2024) ND 2 (1955–1963) DE 2 (1921–2020)

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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