ethical violation (Texas) · Go Syfert
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ethical violation in Texas

18 Texas opinions name it 3 courts 1991–2025 3 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 (8)

CaseFollowedCited
Gonzalez v. Stategreen
texcrimapp · 2003 · cited in 4 Texas opinions naming this issue, 2011–2020
2 sentences

2020Ultimately sidestepping the question, the Texas Court of Criminal Appeals simply assumed that the State would have to satisfy the harmful-error standard of appellate-procedure rule 44.2(b)—that is, that the State must “show that its ‘substantial rights’ would be affected by an opposing attorney’s alleged ethical violation.” Id. at 840 . 28 defense counsel as a witness.

2011See Gonzalez, 117 S.W.3d at 839 ("It is well settled that a party seeking to disqualify the opponent's attorney for violation of an ethical rule must demonstrate that such violation will result in actual prejudice to the moving party.").

24
State v. LaRuegreen
texcrimapp · 2004 · cited in 2 Texas opinions naming this issue, 2024–2024
2 sentences

2024App. 2015). 98 Brady v. Maryland, 373 U.S. 83, 87 (1963). 99 See State v. LaRue, 152 S.W.3d 95, 97 (Tex. Crim.

2024App. 2015). 98 Brady v. Maryland, 373 U.S. 83, 87 (1963). 99 See State v. LaRue, 152 S.W.3d 95, 97 (Tex. Crim.

22
Brady v. Marylandgreen
scotus · 1963 · cited in 2 Texas opinions naming this issue, 2024–2024
2 sentences

2024App. 2015). 98 Brady v. Maryland, 373 U.S. 83, 87 (1963). 99 See State v. LaRue, 152 S.W.3d 95, 97 (Tex. Crim.

2024App. 2015). 98 Brady v. Maryland, 373 U.S. 83, 87 (1963). 99 See State v. LaRue, 152 S.W.3d 95, 97 (Tex. Crim.

22
Nix v. Whitesidegreen
scotus · 1986 · cited in 2 Texas opinions naming this issue, 1996–2019
2 sentences

2019It is true that appellate courts are admonished that, “[u]nder the Strickland standard, breach of an ethical standard does not necessarily make out a denial of the Sixth Amendment guarantee of assistance of counsel.” Nix. v. Whiteside, 475 U.S. 157, 165 (1986).

1996The Supreme Court has recognized that “breach of an ethical standard does not necessarily make out a denial of the Sixth Amendment guarantee of assistance of counsel.” Nix v. Whiteside, 475 U.S. 157, 165 , 106 S.Ct. 988, 993 , 89 L.Ed.2d 123 (1986).

12
Flores v. Stategreen
texcrimapp · 2004 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020Id. at 838 ; cf. Flores v. State, 155 S.W.3d 144, 149 (Tex. Crim.

11
Drum v. Calhoungreen
texapp · 2010 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See Drum v. Calhoun, 299 S.W.3d 360, 370 (concluding appellant’s issue not sufficiently presented for appellate review when appellant did “not provide any citations to applicable authority to support his argument”) (citing TEX.

11
United States v. Harvey Birdman, United States of America v. William Richmangreen
ca3 · 1979 · cited in 1 Texas opinions naming this issue, 2010–2010
2 sentences

2010Particularly where the lawyer in question represents the prosecuting arm of the Government, the ethical rule serves to implement the maxim that "justice must satisfy the appearance of justice." Id. at 554 (citations omitted).

2010Particularly where the lawyer in question represents the prosecuting arm of the Government, the ethical rule serves to implement the maxim that “justice must satisfy the appearance of justice.” Id. at 554 (citations omitted).

11
Earl Dean Bond v. United Statesgreen
ca7 · 1993 · cited in 1 Texas opinions naming this issue, 1996–1996
2 sentences

1996See also Bond, 1 F.3d at 636 .

1996See also Bond, 1 F.3d at 636 .

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 (7)

CaseCitedYears
Harris County Precinct Four Constable Department v. Grabowski green
tex · 1996
2 sentences

2008Moreover, his report of an alleged ethical violation to the Engineering Society was not a report of “a violation of law.” See Harris County Precinct Four Constable Dep’t, 922 S.W.2d at 955-56 .

2008Moreover, his report of an alleged ethical violation to the Engineering Society was not a report of "a violation of law." See Harris County Precinct Four Constable Dep't, 922 S.W.2d at 955-56 .

32005–2008
Quinones v. State green
texcrimapp · 1980
2 sentences

2024This is unsurprising given that, prior to the Michael Morton Act’s passage, this Court repeatedly held that there was no general right of discovery in Texas. 97 Given 96F this legal landscape, the defense was required, as a practical matter, to characterize a prosecutor’s failure to provide discovery as a violation of the prosecutions’ duty to produce exculpatory evidence under Brady v. Maryland, 98 as some form of prosecutorial misconduct for violating a trial 97F court’s order for discovery, 99 or as an ethical violation under the Rules of 98F Professional Misconduct. 100 99F 97 See Quinones

2024This is unsurprising given that, prior to the Michael Morton Act’s passage, this Court repeatedly held that there was no general right of discovery in Texas. 97 Given 96F this legal landscape, the defense was required, as a practical matter, to characterize a prosecutor’s failure to provide discovery as a violation of the prosecutions’ duty to produce exculpatory evidence under Brady v. Maryland, 98 as some form of prosecutorial misconduct for violating a trial 97F court’s order for discovery, 99 or as an ethical violation under the Rules of 98F Professional Misconduct. 100 99F 97 See Quinones

22024–2024
Ehrke, Robert Bradley green
texcrimapp · 2015
2 sentences

2024This is unsurprising given that, prior to the Michael Morton Act’s passage, this Court repeatedly held that there was no general right of discovery in Texas. 97 Given 96F this legal landscape, the defense was required, as a practical matter, to characterize a prosecutor’s failure to provide discovery as a violation of the prosecutions’ duty to produce exculpatory evidence under Brady v. Maryland, 98 as some form of prosecutorial misconduct for violating a trial 97F court’s order for discovery, 99 or as an ethical violation under the Rules of 98F Professional Misconduct. 100 99F 97 See Quinones

2024This is unsurprising given that, prior to the Michael Morton Act’s passage, this Court repeatedly held that there was no general right of discovery in Texas. 97 Given 96F this legal landscape, the defense was required, as a practical matter, to characterize a prosecutor’s failure to provide discovery as a violation of the prosecutions’ duty to produce exculpatory evidence under Brady v. Maryland, 98 as some form of prosecutorial misconduct for violating a trial 97F court’s order for discovery, 99 or as an ethical violation under the Rules of 98F Professional Misconduct. 100 99F 97 See Quinones

22024–2024
Chambers v. Nasco, Inc. green
scotus · 1991
2 sentences

2015Chambers v. Nasco, Inc., 501 U.S. 32 , 111 S.Ct. 2123 , 115 L.Ed.2d 27 (1991). [4] Sanctionable conduct may not necessarily be an ethical violation, however.

2015Chambers v. Nasco, Inc., 501 U.S. 32 , 111 S.Ct. 2123 , 115 L.Ed.2d 27 (1991). [4] Sanctionable conduct may not necessarily be an ethical violation, however.

21991–2015
Fair Laboratory Practices Assocs. v. Quest Diagnostics, Inc. green
ca2 · 2013
1 sentence

2025United States v. Quest Diagnos- tics Inc., 734 F.3d 154, 157–58, 161 (2d Cir. 2013).

12025–2025
United States of America, Robin L. Harris v. Virgilio Talao green
ca9 · 2000
1 sentence

2014Id. at 1137-38 .

12014–2014
In Re Himmel green
ill · 1988
2 sentences

1998Aware of the possible practical effect of its holding in setting an ethical standard for attorneys, the court found that “public discipline is necessary in this case to carry out the purposes of attorney discipline.” Id. 127 Ill.Dec. at 713 , 533 N.E.2d at 795 .

1998Aware of the possible practical effect of its holding in setting an ethical standard for attorneys, the court found that “public discipline is necessary in this case to carry out the purposes of attorney discipline.” Id. 127 Ill.Dec. at 713 , 533 N.E.2d at 795 .

11998–1998

Statutes the citing opinions construe

TX § Tex. Penal Code § 39.02 (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

IA 137 (1983–2026) NJ 59 (1956–2026) OH 50 (1993–2026) FL 47 (1968–2024) CA 47 (1989–2026) NY 44 (1984–2026) WV 39 (1986–2022) CO 32 (1987–2022) AZ 27 (1981–2025) MD 25 (1989–2021) MA 18 (1984–2025) TX 18 (1991–2025) KS 18 (1897–2026) DC 17 (1981–2025) GA 17 (1993–2024) IL 16 (1988–2024) CT 16 (1993–2017) OR 15 (1981–2019) OK 15 (1994–2025) LA 15 (1983–2022) WA 15 (1988–2026) ME 13 (2002–2024) MS 12 (1962–2023) NM 11 (1993–2025) KY 10 (1994–2025) WY 9 (1990–2005) PA 9 (1984–2024) VA 9 (1928–2019) MI 9 (1973–2025) IN 8 (1977–2019) MN 7 (1989–2018) MO 7 (1977–2024) ND 7 (2003–2016) UT 7 (1985–2024) VI 6 (2013–2024) VT 5 (2004–2015) AR 5 (1987–2006) TN 5 (2000–2024) WI 5 (2004–2026) SC 4 (1996–2015) DE 4 (1940–2025) NV 4 (1989–2004) RI 3 (1989–2010) SD 3 (1904–2003) AK 3 (2001–2016) ID 3 (1981–1989) AL 2 (1973–1979)

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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