evidence presented during hearing (Texas) · Go Syfert
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evidence presented during hearing in Texas

19 Texas opinions name it 3 courts 1998–2026 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 (10)

CaseFollowedCited
Garrett v. Stategreen
texcrimapp · 1981 · cited in 7 Texas opinions naming this issue, 2012–2026
2 sentences

2025App. 1984), and appellate courts review the evidence presented during the hearing in the light most favorable to the trial court’s ruling, Garrett v. State, 619 S.W.2d 172, 174 (Tex. Crim.

2025App. 1984), and appellate courts review the evidence presented during the hearing in the light most favorable to the trial court’s ruling, Garrett v. State, 619 S.W.2d 172, 174 (Tex. Crim.

77
Starr County v. Starr Industrial Services, Inc.green
texapp · 1979 · cited in 3 Texas opinions naming this issue, 2006–2006
2 sentences

2006GM/Munday also cite Starr County v. Starr Industrial Services, Inc., in which this Court determined that it was arbitrary and capricious for an agency to consider, after the hearing, a factor outside the statutory criteria. 584 S.W.2d 352, 356 (Tex. Civ.

2006The Board determined, based on the evidence presented during the hearing process, that Landmark had the more convincing experts and more appropriate methodology to evaluate the statutory good cause factors for the Houston market during the time in question. *439 GM/Munday also cite Starr County v. Starr Industrial Services, Inc., in which this Court determined that it was arbitrary and capricious for an agency to consider, after the hearing, a factor outside the statutory criteria. 584 S.W.2d 352, 356 (Tex.Civ.App.-Austin 1979, writ ref'd n.r.e.).

33
Freeman v. Stategreen
texapp · 2005 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Freeman, 167 S.W.3d at 120 ; Conrad, 77 S.W.3d at 426-27 . *917 Establishing that prejudice occurred during the sentencing phase of a non-capital case where the sentencing authority has broad discretion is a field of law with little guiding precedent. 20 The United States Supreme Court cases addressing Strickland prejudice during sentencing involve either death penalty cases or cases decided under the Federal Sentencing Guidelines.

2015See Freeman, 167 S.W.3d at 120 ; Conrad, 77 S.W.3d at 426-27 .

22
Moreno v. Stategreen
texapp · 1995 · cited in 2 Texas opinions naming this issue, 1998–1998
2 sentences

1998See Moreno v. State, 900 S.W.2d 357, 359 (Tex. App.-Texarkana 1995, no pet.); see also In re SJ., 940 S.W.2d 332, 337-38 (Tex. App.-San Antonio 1997, no writ); Bennett v. State, 705 S.W.2d 806, 807 (Tex. App.-San Antonio 1986, no pet.) (plurality op.).

1998See Moreno v. State, 900 S.W.2d 357, 359 (Tex. App.-Texarkana 1995, no pet.); see also In re SJ., 940 S.W.2d 332, 337-38 (Tex. App.-San Antonio 1997, no writ); Bennett v. State, 705 S.W.2d 806, 807 (Tex. App.-San Antonio 1986, no pet.) (plurality op.).

22
Bennett v. Stategreen
texapp · 1986 · cited in 2 Texas opinions naming this issue, 1998–1998
2 sentences

1998See Moreno v. State, 900 S.W.2d 357, 359 (Tex. App.-Texarkana 1995, no pet.); see also In re SJ., 940 S.W.2d 332, 337-38 (Tex. App.-San Antonio 1997, no writ); Bennett v. State, 705 S.W.2d 806, 807 (Tex. App.-San Antonio 1986, no pet.) (plurality op.).

1998See Moreno v. State, 900 S.W.2d 357, 359 (Tex. App.-Texarkana 1995, no pet.); see also In re SJ., 940 S.W.2d 332, 337-38 (Tex. App.-San Antonio 1997, no writ); Bennett v. State, 705 S.W.2d 806, 807 (Tex. App.-San Antonio 1986, no pet.) (plurality op.).

22
Matter of SJgreen
texapp · 1997 · cited in 2 Texas opinions naming this issue, 1998–1998
2 sentences

1998See Moreno v. State, 900 S.W.2d 357, 359 (Tex. App.-Texarkana 1995, no pet.); see also In re SJ., 940 S.W.2d 332, 337-38 (Tex. App.-San Antonio 1997, no writ); Bennett v. State, 705 S.W.2d 806, 807 (Tex. App.-San Antonio 1986, no pet.) (plurality op.).

1998See Moreno v. State, 900 S.W.2d 357, 359 (Tex. App.-Texarkana 1995, no pet.); see also In re SJ., 940 S.W.2d 332, 337-38 (Tex. App.-San Antonio 1997, no writ); Bennett v. State, 705 S.W.2d 806, 807 (Tex. App.-San Antonio 1986, no pet.) (plurality op.).

22
Hacker, Anthony Waynegreen
texcrimapp · 2013 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Hacker v. State, 389 S.W.3d 860, 865 (Tex. Crim.

11
State v. Garcia-Cantugreen
texcrimapp · 2008 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023See Garcia-Cantu, 253 S.W.3d at 241 ; Maxwell, 73 S.W.3d at 281 .

11
in the Interest of K.D.H., a Childgreen
texapp · 2014 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017See 426 S.W.3d at 887 (holding that trial court must “determine whether the evidence submitted regarding the standing issue, considered in the light most favorable to the petitioner, would enable reasonable and fair-minded people to find that the order requested is necessary because the child’s present circumstances would significantly impair the child’s physical health or emotional development”).

11
Brumit v. Stategreen
texcrimapp · 2006 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016See Terrill v. State, No. 04-14-00571-CR, 2015 WL 4116005 , at *4 (Tex. App.—San Antonio July 8, 2015, no pet.) (mem. op., not designated for publication); see also Brumit, 206 S.W.3d at 645 (distinguishing Jefferson on grounds that trial court’s statements in Jefferson demonstrated that trial court “had not considered a lower sentence within the range of punishment” and that trial court “did not consider any evidence when 9 imposing its sentence”).

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 (3)

CaseCitedYears
Conrad v. State green
texapp · 2002
2 sentences

2015See Freeman, 167 S.W.3d at 120 ; Conrad, 77 S.W.3d at 426-27 . *917 Establishing that prejudice occurred during the sentencing phase of a non-capital case where the sentencing authority has broad discretion is a field of law with little guiding precedent. 20 The United States Supreme Court cases addressing Strickland prejudice during sentencing involve either death penalty cases or cases decided under the Federal Sentencing Guidelines.

2015See Freeman, 167 S.W.3d at 120 ; Conrad, 77 S.W.3d at 426-27 .

22015–2015
Maxwell v. State green
texcrimapp · 2002
1 sentence

2023See Garcia-Cantu, 253 S.W.3d at 241 ; Maxwell, 73 S.W.3d at 281 .

12023–2023
Hood v. State green
texcrimapp · 2006
1 sentence

2021After considering the parties’ arguments and the evidence presented during the hearing, “the trial court was entitled to believe” the State’s explanation regarding why the additional charges were filed and to conclude that the objective explanation was unrelated to Gonzales’s decision to exercise his right to appeal and was, “therefore, sufficient to rebut a presumption of vindictiveness.” See Hood, 185 S.W.3d at 448 .

12021–2021

Statutes the citing opinions construe

TX § Tex. Occ. Code § 2301.652 (3) TX § Tex. Penal Code § 12.32 (3) TX § Tex. Penal Code § 30.02 (3) TX § Tex. Penal Code § 49.01 (3) TX § Tex. Penal Code § 49.04 (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

TX 19 (1998–2026) IL 14 (1999–2025) KS 6 (2020–2021) GA 4 (1991–2021) CA 4 (2016–2026) NC 4 (1991–2014) DC 3 (1999–2004) OH 3 (2003–2020) SC 3 (2014–2016) NY 2 (2020–2026) AL 2 (2003–2003) PA 2 (2019–2020) WA 2 (2016–2024) WI 2 (2020–2020) IN 2 (2016–2019) NM 2 (2007–2008) MO 2 (2019–2023)

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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