first and second factors (Texas) · Go Syfert
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first and second factors in Texas

19 Texas opinions name it 3 courts 1996–2026 5 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 (12)

CaseFollowedCited
Gigliobianco v. Stategreen
texcrimapp · 2006 · cited in 6 Texas opinions naming this issue, 2018–2026
2 sentences

2026See Gigliobianco, 210 S.W.3d at 641-42 .

2025Gigliobianco, 210 S.W.3d at 641-42 .

56
Brother v. Stategreen
texcrimapp · 2005 · cited in 3 Texas opinions naming this issue, 2012–2012
2 sentences

2012See Arizpe, 308 S.W.3d at 92 ; see also Brother, 166 S.W.3d at 258 .

2012See Arizpe, 308 S.W.3d at 92 ; see also Brother, 166 S.W.3d at 258 .

33
Arizpe v. Stategreen
texapp · 2010 · cited in 3 Texas opinions naming this issue, 2012–2012
2 sentences

2012See Arizpe, 308 S.W.3d at 92 ; see also Brother, 166 S.W.3d at 258 .

2012See Arizpe, 308 S.W.3d at 92 ; see also Brother, 166 S.W.3d at 258 .

33
Rey v. Stategreen
texcrimapp · 1995 · cited in 3 Texas opinions naming this issue, 2002–2002
2 sentences

2002See , e.g. , Ake , 470 U.S. at 1094 , 105 S.Ct. at 1094 ; and Rey , 897 S.W.2d at 339 (State's interest in judicial economy outweighed by both State's and defendant's interest in accurate disposition of criminal trial); see also Elmore v. State , 968 S.W.2d 462, 465-66 (Tex.App.--Eastland 1998, pet. ref'd) (potential economic burden of appointing defense experts in DWI trials outweighed by individual's right to fair and accurate adjudication of criminal case.) Although both the first and second factors weigh in favor of defendant, it is the third factor which is given the greatest consideratio

2002See , e.g. , Ake , 470 U.S. at 1094 , 105 S.Ct. at 1094 ; and Rey , 897 S.W.2d at 339 (State’s interest in judicial economy outweighed by both State’s and defendant’s interest in accurate disposition of criminal trial); see also Elmore v. State , 968 S.W.2d 462, 465-66 (Tex.App.--Eastland 1998, pet. ref’d) (potential economic burden of appointing defense experts in DWI trials outweighed by individual’s right to fair and accurate adjudication of criminal case.) Although both the first and second factors weigh in favor of defendant, it is the third factor which is given the greatest consideratio

33
Elmore v. Stategreen
texapp · 1998 · cited in 3 Texas opinions naming this issue, 2002–2002
2 sentences

2002See , e.g. , Ake , 470 U.S. at 1094 , 105 S.Ct. at 1094 ; and Rey , 897 S.W.2d at 339 (State's interest in judicial economy outweighed by both State's and defendant's interest in accurate disposition of criminal trial); see also Elmore v. State , 968 S.W.2d 462, 465-66 (Tex.App.--Eastland 1998, pet. ref'd) (potential economic burden of appointing defense experts in DWI trials outweighed by individual's right to fair and accurate adjudication of criminal case.) Although both the first and second factors weigh in favor of defendant, it is the third factor which is given the greatest consideratio

2002See , e.g. , Ake , 470 U.S. at 1094 , 105 S.Ct. at 1094 ; and Rey , 897 S.W.2d at 339 (State’s interest in judicial economy outweighed by both State’s and defendant’s interest in accurate disposition of criminal trial); see also Elmore v. State , 968 S.W.2d 462, 465-66 (Tex.App.--Eastland 1998, pet. ref’d) (potential economic burden of appointing defense experts in DWI trials outweighed by individual’s right to fair and accurate adjudication of criminal case.) Although both the first and second factors weigh in favor of defendant, it is the third factor which is given the greatest consideratio

33
Ake v. Oklahomagreen
scotus · 1985 · cited in 3 Texas opinions naming this issue, 2002–2002
2 sentences

2002See , e.g. , Ake , 470 U.S. at 1094 , 105 S.Ct. at 1094 ; and Rey , 897 S.W.2d at 339 (State's interest in judicial economy outweighed by both State's and defendant's interest in accurate disposition of criminal trial); see also Elmore v. State , 968 S.W.2d 462, 465-66 (Tex.App.--Eastland 1998, pet. ref'd) (potential economic burden of appointing defense experts in DWI trials outweighed by individual's right to fair and accurate adjudication of criminal case.) Although both the first and second factors weigh in favor of defendant, it is the third factor which is given the greatest consideratio

2002See , e.g. , Ake , 470 U.S. at 1094 , 105 S.Ct. at 1094 ; and Rey , 897 S.W.2d at 339 (State's interest in judicial economy outweighed by both State's and defendant's interest in accurate disposition of criminal trial); see also Elmore v. State , 968 S.W.2d 462, 465-66 (Tex.App.--Eastland 1998, pet. ref'd) (potential economic burden of appointing defense experts in DWI trials outweighed by individual's right to fair and accurate adjudication of criminal case.) Although both the first and second factors weigh in favor of defendant, it is the third factor which is given the greatest consideratio

33
Clarke v. Stategreen
texapp · 1996 · cited in 2 Texas opinions naming this issue, 2003–2003
2 sentences

2003We have previously stated that "[w]hen the failure to assert the right [to speedy trial] is made so late and never heard until trial, it weakens all the other factors because they are so dependent upon the assertion." Clarke v. State , 928 S.W.2d 709, 718 (Tex. App.--Fort Worth 1996, pet. ref'd) (op. on reh'g); see Haney , 977 S.W.2d at 643 .

2003We have previously stated that “[w]hen the failure to assert the right [to speedy trial] is made so late and never heard until trial, it weakens all the other factors because they are so dependent upon the assertion.” Clarke v. State , 928 S.W.2d 709, 718 (Tex. App.—Fort Worth 1996, pet. ref’d) (op. on reh'g); see Haney , 977 S.W.2d at 643 .

22
Haney v. Stategreen
texapp · 1998 · cited in 2 Texas opinions naming this issue, 2003–2003
2 sentences

2003We have previously stated that “[w]hen the failure to assert the right [to speedy trial] is made so late and never heard until trial, it weakens all the other factors because they are so dependent upon the assertion.” Clarke v. State , 928 S.W.2d 709, 718 (Tex. App.—Fort Worth 1996, pet. ref’d) (op. on reh'g); see Haney , 977 S.W.2d at 643 .

2003We have previously stated that "[w]hen the failure to assert the right [to speedy trial] is made so late and never heard until trial, it weakens all the other factors because they are so dependent upon the assertion." Clarke v. State , 928 S.W.2d 709, 718 (Tex. App.--Fort Worth 1996, pet. ref'd) (op. on reh'g); see Haney , 977 S.W.2d at 643 .

22
Wasson Interests, Ltd. v. City of Jacksonville, Texasgreen
tex · 2018 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023See Wasson II, 559 S.W.3d at 152 .

11
Rohrmoos Venture, Eric Langford, Dan Basso, and Tobin Grove v. Utsw DVA Healthcare, Llpgreen
tex · 2019 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020See 578 S.W.3d at 501 .

11
Sifuentes v. Stategreen
texapp · 2016 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See id.; see also Sifuentes v. State, 494 S.W.3d 806, 817 (Tex. App.—Houston [14th Dist.] 2016, no pet.) (concluding first factor “weighs heavily” in –43– favor of admissibility where extraneous evidence cast doubt on appellant’s claim that he lacked requisite intent or knowledge).

11
Salazar v. Stategreen
texcrimapp · 2001 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003See Salazar , 38 S.W.3d at 151 .

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 (2)

CaseCitedYears
Barley v. State green
texcrimapp · 1995
1 sentence

2015Barley, 906 S.W.2d at 34-35 . 18 Regarding the first and second factors, Reliford had a good opportunity to view appellant during the criminal act and he focused a high level of attention on appellant at the time of murder.

12015–2015
West Anderson Plaza v. Feyznia green
texapp · 1994
1 sentence

1996Feyznia, 876 S.W.2d at 533 . 4 The first and second factors have already been resolved above.

11996–1996

Where else courts name it

TX 19 (1996–2026) IL 13 (1968–2025) WA 12 (1999–2024) WI 10 (2002–2025) NY 7 (1991–2025) PA 6 (1995–2024) CO 5 (2008–2016) CA 5 (1961–2025) NM 4 (2009–2024) DE 3 (2020–2022) UT 3 (2009–2016) TN 3 (2008–2011) MO 3 (2017–2023) NJ 3 (2015–2019) MA 3 (1989–2012) GA 3 (2005–2017) ID 2 (2024–2024) RI 2 (2010–2011) LA 2 (1976–2017) WY 2 (2018–2023) MI 2 (1934–1980) IA 2 (2017–2017) AZ 2 (1983–2011) OH 2 (2005–2017) MT 2 (2012–2017) FL 2 (2020–2020)

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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