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19 Texas opinions name it 3 courts 1882–2020 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.
| Case | Followed | Cited |
|---|---|---|
University of Texas v. Poindextergreen2 sentences2010See University of Tex. v. Poindexter, 306 S.W.3d 798, 806-07 (Tex.App.-Austin 2009, no pet.). 5 . 2010See University of Tex. v. Poindexter, 306 S.W.3d 798, 806 (Tex.App.-Austin 2009, no pet.). . | 8 | 8 |
In Re the Expunction of Oceguedagreen1 sentence2020See In re Ocegueda, 304 S.W.3d 576, 580-581 (Tex.App.--El Paso 2010, pet. denied) (attorneys who were non-parties to expunction proceeding lacked standing to collaterally attack expunction order). | 1 | 1 |
Browning v. Plackegreen1 sentence2020However, a somewhat different analysis applies when a non-party seeks to collaterally attack a final judgment. 3 A judgment is void, rather than merely voidable, when it is apparent that the court rendering judgment “had no jurisdiction of the parties or property, no jurisdiction of the subject matter, no jurisdiction to enter the particular judgment, or no capacity to act.” Browning v. Prostok, 165 S.W.3d 336, 346 (Tex. 2005), quoting Browning v. Placke, 698 S.W.2d 362, 363 (Tex. 1985). 9 It is well-established that an individual who is not a party to a final judgment lacks standing to collat | 1 | 1 |
Peter C. Browning v. Jeff P. Prostokgreen1 sentence2020However, a somewhat different analysis applies when a non-party seeks to collaterally attack a final judgment. 3 A judgment is void, rather than merely voidable, when it is apparent that the court rendering judgment “had no jurisdiction of the parties or property, no jurisdiction of the subject matter, no jurisdiction to enter the particular judgment, or no capacity to act.” Browning v. Prostok, 165 S.W.3d 336, 346 (Tex. 2005), quoting Browning v. Placke, 698 S.W.2d 362, 363 (Tex. 1985). 9 It is well-established that an individual who is not a party to a final judgment lacks standing to collat | 1 | 1 |
Griffin v. Stategreen1 sentence2018App. 1972). 2 Griffin v. State, 145 S.W.3d 645, 646 (Tex. Crim. | 1 | 1 |
Helms v. Statered1 sentence2018In 1972, this Court held in Helms v. State, that where a plea of guilty is voluntarily and understandingly made, all non-jurisdictional defects, including claimed deprivations of federal due process, are waived.1 The Helms rule discouraged guilty pleas because it forced a defendant to go to a full trial on the merits if he wanted to preserve issues for appeal.2 In response to Helms, the legislature amended Article 44.02 in 1977 to add this proviso, which created a somewhat different rule for plea bargains: . . . provided, however, before the defendant who has been convicted upon either his ple | 1 | 1 |
Butcher, Charles E. Iigreen1 sentence2016When reviewing legal sufficiency issues that challenge a jury’s rejection of an affirmative defense, an appellate court “should first assay the record for a scintilla of evidence favorable to the factfinder’s finding and disregard all evidence to the contrary unless a reasonable factfinder could not.” Butcher v. State, 454 S.W.3d 13, 20 (Tex. Crim. | 1 | 1 |
In Re JFCgreen1 sentence2014In re J.F.C., 96 S.W.3d 256, 266 (Tex. 2002). | 1 | 1 |
United States v. Wesley B. Dewaltgreen1 sentence1998This court has observed that a Rule 11 error is harmless “if the record reveals that either the defendant had actual notice of the information that the district judge failed to convey or that the information would not have been important to the defendant [in making his decision to plead guilty].” United States v. Dewalt, 92 F.3d 1209, 1214 (D.C.Cir.1996). | 1 | 1 |
Ladner v. Stategreen1 sentence1997Ladner v. State, 780 S.W.2d 247, 250 (Tex.Crim.App.1989); Ex parte Daniel, 781 S.W.2d 412, 414 (Tex.App.—Houston [1st Dist.] 1989, pet. ref'd). | 1 | 1 |
Ex Parte Danielgreen1 sentence1997Ladner v. State, 780 S.W.2d 247, 250 (Tex.Crim.App.1989); Ex parte Daniel, 781 S.W.2d 412, 414 (Tex.App.—Houston [1st Dist.] 1989, pet. ref'd). | 1 | 1 |
Dominguez v. Stategreen1 sentence1995E.g., Cain v. State, 893 S.W.2d 681, 685 (Tex.App. — Fort Worth 1995, pet. granted); Dixon, 891 S.W.2d at 784 ; Dominguez v. State, 889 S.W.2d 13, 15-16 (Tex.App. — El Paso 1994, no pet.); Garcia v. State, 877 S.W.2d 809, 812-13 (Tex.App.— Corpus Christi 1994, pet. ref'd). | 1 | 1 |
Cain v. Stategreen1 sentence1995E.g., Cain v. State, 893 S.W.2d 681, 685 (Tex.App. — Fort Worth 1995, pet. granted); Dixon, 891 S.W.2d at 784 ; Dominguez v. State, 889 S.W.2d 13, 15-16 (Tex.App. — El Paso 1994, no pet.); Garcia v. State, 877 S.W.2d 809, 812-13 (Tex.App.— Corpus Christi 1994, pet. ref'd). | 1 | 1 |
Garcia v. Stategreen1 sentence1995E.g., Cain v. State, 893 S.W.2d 681, 685 (Tex.App. — Fort Worth 1995, pet. granted); Dixon, 891 S.W.2d at 784 ; Dominguez v. State, 889 S.W.2d 13, 15-16 (Tex.App. — El Paso 1994, no pet.); Garcia v. State, 877 S.W.2d 809, 812-13 (Tex.App.— Corpus Christi 1994, pet. ref'd). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Dixon v. State
green
1 sentence1995E.g., Cain v. State, 893 S.W.2d 681, 685 (Tex.App. — Fort Worth 1995, pet. granted); Dixon, 891 S.W.2d at 784 ; Dominguez v. State, 889 S.W.2d 13, 15-16 (Tex.App. — El Paso 1994, no pet.); Garcia v. State, 877 S.W.2d 809, 812-13 (Tex.App.— Corpus Christi 1994, pet. ref'd). | 1 | 1995–1995 |
Baker v. State
green
2 sentences1986Following a somewhat different analysis in Baker v. State, 707 S.W.2d 893 (Tex.Cr.App.1986), Presiding Judge Onion characterized it an "absurdity." Nevertheless, a majority "persists in compounding the errors of Van Guilder , " Hill v. State, supra, and I continue to dissent. 1986Following a somewhat different analysis in Baker v. State, 707 S.W.2d 893 (Tex.Cr.App.1986), Presiding Judge Onion characterized it an “absurdity.” Nevertheless, a majority “persists in compounding the errors of Van Guilder,” Hill v. State, supra, and I continue to dissent. | 1 | 1986–1986 |
Bustillos v. Southwestern Portland Cement Co.
green
1 sentence1948App.) 211 S. W. 929, 931 . | 1 | 1948–1948 |
Texas Public Service Co. v. Laughead
neutral
1 sentence1948That case turned on the point that the machine was near the public passageway, where the child had a right to travel, and contained within itsvelf a latent danger which was concealed “from the *462 appreciation of children of tender age.” It is worthy of note, also that the court indicated in the opinion that the facts of the case were distinguishable from the facts in Texas Public Service Co. v. Laughead, 73 S. W. (2d) 925 (writ refused), where “it appears the children were not attracted to the premises by a cesspool, as they could not see it from the road.” Of course, “the question whether t | 1 | 1948–1948 |
Commonwealth v. Fontain
green
1 sentence1909A somewhat different rule obtains in Massachusetts Com. v. Fontain, 127 Mass., 452 . | 1 | 1909–1909 |
State v. Westfall
green
1 sentence1882Westfall et al., 37 Iowa, 575 , — authorities cited by counsel for the appellant, seem to inculcate a somewhat different doctrine from that-announced in Matlow vs. | 1 | 1882–1882 |
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.
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.