live evidentiary hearing (Texas) · Go Syfert
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live evidentiary hearing in Texas

19 Texas opinions name it 2 courts 2004–2015 0 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
Perillo v. Johnsongreen
ca5 · 1996 · cited in 3 Texas opinions naming this issue, 2015–2015
2 sentences

2015See, e.g., Perillo v. Johnson, 79 F.3d 441, 444 (5th Cir. 1996) (petitioner entitled to discovery when there is factual dispute which, if resolved in petitioner’s favor, would entitle petitioner to relief, and the State has not afforded petitioner a full and fair evidentiary hearing).

2015See, e.g., Perillo v. Johnson, 79 F.3d 441, 444 (5th Cir. 1996) (petitioner entitled to discovery when there is factual dispute which, if resolved in petitioner’s favor, would entitle petitioner to relief, and the State has not afforded petitioner a full and fair evidentiary hearing).

33
Ex Parte Davilagreen
texcrimapp · 1975 · cited in 2 Texas opinions naming this issue, 2005–2005
2 sentences

2005See id .; see also Ex parte Davila , 530 S.W.2d 543, 545 (Tex. Crim.

2005See id.; see also Ex parte Davila, 530 S.W.2d 543, 545 (Tex. Crim.

22
In Re COSgreen
tex · 1999 · cited in 2 Texas opinions naming this issue, 2005–2005
2 sentences

2005However, juvenile cases are quasi-criminal in nature, see In re C.O.S. , 988 S.W.2d 760, 765 (Tex. 1999), and we find some guidance in the legislature's guidelines for evidentiary hearings in articles 11.07 and 11.071.

2005However, juvenile cases are quasi-criminal in nature, see In re C.O.S., 988 S.W.2d 760, 765 (Tex. 1999), and we find some guidance in the legislature’s guidelines for evidentiary hearings in articles 11.07 and 11.071.

22
Strickland v. Washingtongreen
scotus · 1984 · cited in 2 Texas opinions naming this issue, 2007–2012
2 sentences

2012See Manzi, 88 S.W.3d at 241 ; see also Ex parte Deckard, 2 Strickland v. Washington, 466 U.S. 668, 687 , 104 S. Ct. 2052, 2064 (1984) (setting forth the requirements for establishing ineffective assistance of counsel). 7 No. 05-08-01555-CR, 2009 WL 1887327 , at *3 (Tex. App.—Dallas Jun 19, 2009, no pet.) (mem. op., not designated for publication) (“[T]he trial court was not required to believe the self-serving statements contained in the affidavits of appellant and his father, even if uncontroverted.”).

2012See Manzi, 88 S.W.3d at 241 ; see also Ex parte Deckard, 2 Strickland v. Washington, 466 U.S. 668, 687 , 104 S. Ct. 2052, 2064 (1984) (setting forth the requirements for establishing ineffective assistance of counsel). 7 No. 05-08-01555-CR, 2009 WL 1887327 , at *3 (Tex. App.—Dallas Jun 19, 2009, no pet.) (mem. op., not designated for publication) (“[T]he trial court was not required to believe the self-serving statements contained in the affidavits of appellant and his father, even if uncontroverted.”).

12
Steadman v. Stategreen
texcrimapp · 2012 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015The Applicant did, in his "SUBSEQUENT REQUEST`FOR A LIVE EVI- DENTIARY HEARING;...UNRESOLVED FACTS PERTAINING TO GROUNDS #l~4..."(on p.2-3 of 5) seek a hearing to, inter alia',)ob- tain factual information from judge Phillip Vick-as to "why did he fail to abide by the dictates of 'WALLER' & 'PRESLEY' As stated above the Applicant has filed motions objecting to the lack of a live evidentiary hearing. lf one takes place in the future Applicant has the right reserved to alter, amend/ or supplement these proposed findings; Although legally a trial court's subjective reasons for not` performing the

11
Williams v. Taylorgreen
scotus · 2000 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015The Applicant has "made a reasonable_attempt, in light of the information available at the time, to investigate and pursue claims in state court.” Williams v. Taylor, 529 U.S. 420, 435 (2000)(Michael Williams).

11
Ex Parte Ghahremanigreen
texcrimapp · 2011 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Ex parte Ghahremani, 332 S.W. 3d 470, 474-476 (Tex.Crim.App.201l)(Similar issue resolved by way of the live evidentiary hearing).- The Applicant literally begs this honorable court for a live evidentiary hearing in this matter.

2015See Ex parte Ghahremani, 332 S.W. 3d 470, 474-476 (Tex.Crim.App.201l)(Similar issue resolved by way of the live evidentiary hearing).- The Applicant literally begs this honorable court for a live evidentiary hearing in this matter.

11
Cate v. Stategreen
texapp · 2004 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Cate v. State, 124 SW3d 922, 928 (Tex. App. - Amarillo 2004, pet. ref"d).

11
Press-Enterprise Co. v. Superior Court of Cal., Riverside Cty.green
scotus · 1984 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015The Applicant did, in his "SUBSEQUENT REQUEST`FOR A LIVE EVI- DENTIARY HEARING;...UNRESOLVED FACTS PERTAINING TO GROUNDS #l~4..."(on p.2-3 of 5) seek a hearing to, inter alia',)ob- tain factual information from judge Phillip Vick-as to "why did he fail to abide by the dictates of 'WALLER' & 'PRESLEY' As stated above the Applicant has filed motions objecting to the lack of a live evidentiary hearing. lf one takes place in the future Applicant has the right reserved to alter, amend/ or supplement these proposed findings; Although legally a trial court's subjective reasons for not` performing the

11
Manzi v. Stategreen
texcrimapp · 2002 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012See Manzi, 88 S.W.3d at 241 ; see also Ex parte Deckard, 2 Strickland v. Washington, 466 U.S. 668, 687 , 104 S. Ct. 2052, 2064 (1984) (setting forth the requirements for establishing ineffective assistance of counsel). 7 No. 05-08-01555-CR, 2009 WL 1887327 , at *3 (Tex. App.—Dallas Jun 19, 2009, no pet.) (mem. op., not designated for publication) (“[T]he trial court was not required to believe the self-serving statements contained in the affidavits of appellant and his father, even if uncontroverted.”).

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 (8)

CaseCitedYears
Ex Parte Reed green
texcrimapp · 2008
2 sentences

2015Ex parte Reed, 271 S.W.3d 698 (Tex. Crim.

2015Ex parte Reed, 271 S.W.3d 698 (Tex. Crim.

22015–2015
Wallace v. State green
texcrimapp · 2003
2 sentences

2015Wallace, 106 S.W.3d 103 .

2015Wallace, 106 S.W.3d 103 .

22015–2015
Ex Parte Elizondo green
texcrimapp · 1997
2 sentences

2005Ex parte Elizondo, 947 S.W.2d 202 (Tex.Crim.App.1996).

2005Ex parte Elizondo, 947 S.W.2d 202 (Tex.Crim.App.1996).

22005–2005
Presley v. Georgia green
scotus · 2010
1 sentence

2015The Applicant did, in his "SUBSEQUENT REQUEST`FOR A LIVE EVI- DENTIARY HEARING;...UNRESOLVED FACTS PERTAINING TO GROUNDS #l~4..."(on p.2-3 of 5) seek a hearing to, inter alia',)ob- tain factual information from judge Phillip Vick-as to "why did he fail to abide by the dictates of 'WALLER' & 'PRESLEY' As stated above the Applicant has filed motions objecting to the lack of a live evidentiary hearing. lf one takes place in the future Applicant has the right reserved to alter, amend/ or supplement these proposed findings; Although legally a trial court's subjective reasons for not` performing the

12015–2015
Ex Parte Byars green
texcrimapp · 2005
1 sentence

2015This was recognized as true by Presiding Judge Keller in her concurring opinion in Ex Parte Byars, 176 S.W.3d 841 (Tex. Crim.

12015–2015
Martinez v. State green
texcrimapp · 2002
1 sentence

2015Id.

12015–2015
Ex Parte Tovar green
texcrimapp · 1995
1 sentence

2008Ex parte Tovar, 901 S.W.2d 484 (Tex. Crim.

12008–2008
Atkins v. Virginia green
scotus · 2002
1 sentence

2004See Hall , __ S.W.3d at ___ (Price, J., concurring) (noting that "generally, for the review of a contested Atkins v. Virginia claim, the trial court will need to hold a live hearing and not base its decision solely on affidavits submitted by the parties"); id. at ___, (Johnson, J., dissenting) (noting that "[n]o trier of fact in this case has ever heard live testimony, subject to testing or cross-examination, on the specific issue of whether appellant is mentally retarded"); and id . at __ (Holcomb, J., dissenting) (noting that capital murder defendant "was not provided with a live evidentiary

12004–2004

Where else courts name it

TX 19 (2004–2015) OR 2 (2025–2025) CA 2 (2022–2024)

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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