Alvarez claim (Texas) · Go Syfert
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Alvarez claim in Texas

17 Texas opinions name it 2 courts 1984–2025 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 (15)

CaseFollowedCited
Ex Parte Rahul Sudhakargreen
texapp · 2013 · cited in 4 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Ex parte Sudhakar, 406 S.W.3d at 702 . 9 Alvarez’ sole response to this seismic shift in the case law against him is to argue that the State waived the point.

2015See Ex parte Sudhakar, 406 S.W.3d at 702 . 9 Alvarez’ sole response to this seismic shift in the case law against him is to argue that the State waived the point.

44
State of Texas v. Guerrero, Ex Parte Marcelinogreen
texcrimapp · 2013 · cited in 4 Texas opinions naming this issue, 2015–2015
2 sentences

2015Padilla v. Kentucky, 559 U.S. 356, 368-69 , 130 S.Ct. 1473, 1483 , L.Ed.2d 284 (2010); State v. Guerrero, 400 S.W.3d 576, 587 (Tex.Crim.App. 2013).

2015Padilla v. Kentucky, 559 U.S. 356, 368-69 , 130 S.Ct. 1473, 1483 , L.Ed.2d 284 (2010); State v. Guerrero, 400 S.W.3d 576, 587 (Tex.Crim.App. 2013).

44
Diversicare General Partner, Inc. v. Rubiogreen
tex · 2005 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009See Diversicare , 185 S.W.3d at 849 (Tex. 2005); Rose , 156 S.W.3d at 544 .

2009See Diversicare, 185 S.W.3d at 849 (Tex. 2005); Rose, 156 S.W.3d at 544 .

22
Ervin v. Stategreen
texcrimapp · 1999 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025See Ervin v. State, 991 S.W.2d 804, 817 (Tex. Crim.

11
Olivo v. Stategreen
texcrimapp · 1996 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025See Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim.

11
Neily v. Arrongreen
texapp · 1987 · cited in 1 Texas opinions naming this issue, 2024–2024
2 sentences

2024“There is a strong policy behind the requirements of [R]ules 321 and 322.” Neily, 724 S.W.2d at 911 .

2024See id.

11
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023See Strickland v. Washington, 466 U.S. 668, 687 (1984); Thompson v. State, 9 S.W.3d 808, 812 (Tex. Crim.

11
Thompson v. Stategreen
texcrimapp · 1999 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023See Strickland v. Washington, 466 U.S. 668, 687 (1984); Thompson v. State, 9 S.W.3d 808, 812 (Tex. Crim.

11
Branum v. Stategreen
texapp · 2017 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018In determining whether the trial court abused its discretion in allowing Officer Villarreal to testify over Alvarez’s objection, we must evaluate whether the record supports a “showing of bad faith on the part of the prosecutor in the late designation and whether [Alvarez] could reasonably anticipate that the witness would testify although his name was not previously disclosed.” See Branum v. State, 535 S.W.3d 217, 226 (Tex. App.—Fort Worth 2017, no pet.) (citing Nobles v. State, 843 S.W.2d 503 , 514–15 (Tex. Crim.

11
Cantu v. Peralesgreen
texapp · 2003 · cited in 1 Texas opinions naming this issue, 2006–2006
2 sentences

2006While we agree that section 143.036(f) expressly authorizes a civil service commission to hear appeals from promotional pass-overs, see Stauffer, 344 S.W.2d at 160 and Cantu v. Perales, 97 S.W.3d 861, 863 (Tex.App.-Corpus Christi 2003, no pet.), the issue in this case does not involve a promotional pass-over.

2006While we agree that section 143.036(f) expressly authorizes a civil service commission to hear appeals from promotional pass-overs, see Stauffer, 344 S.W.2d at 160 and Cantu v. Perales, 97 S.W.3d 861, 863 (Tex.App.-Corpus Christi 2003, no pet.), the issue in this case does not involve a promotional pass-over.

11
County of Cameron v. Browngreen
tex · 2002 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002P. 299a (stating that findings of fact shall not be recited in a judgment). [3] The trial court’s judgment recited no other grounds for its dismissal than failure to state a claim upon which relief could be granted. [4] Because this issue is dispositive of the appeal, we address it first. [5] See, e.g., County of Cameron v. Brown , 80 S.W.3d 549, 555, 559 (Tex. 2002) (reversing dismissal on plea to jurisdiction for failure to allow opportunity to replead); Friesenhahn v. Ryan , 960 S.W.2d 656, 659 (Tex. 1998) (reversing summary judgment based on failure to state a claim without allowing opport

11
Friesenhahn v. Ryangreen
tex · 1998 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002P. 299a (stating that findings of fact shall not be recited in a judgment). [3] The trial court’s judgment recited no other grounds for its dismissal than failure to state a claim upon which relief could be granted. [4] Because this issue is dispositive of the appeal, we address it first. [5] See, e.g., County of Cameron v. Brown , 80 S.W.3d 549, 555, 559 (Tex. 2002) (reversing dismissal on plea to jurisdiction for failure to allow opportunity to replead); Friesenhahn v. Ryan , 960 S.W.2d 656, 659 (Tex. 1998) (reversing summary judgment based on failure to state a claim without allowing opport

11
Texas Department of Corrections v. Herringgreen
tex · 1974 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002P. 299a (stating that findings of fact shall not be recited in a judgment). [3] The trial court’s judgment recited no other grounds for its dismissal than failure to state a claim upon which relief could be granted. [4] Because this issue is dispositive of the appeal, we address it first. [5] See, e.g., County of Cameron v. Brown , 80 S.W.3d 549, 555, 559 (Tex. 2002) (reversing dismissal on plea to jurisdiction for failure to allow opportunity to replead); Friesenhahn v. Ryan , 960 S.W.2d 656, 659 (Tex. 1998) (reversing summary judgment based on failure to state a claim without allowing opport

11
Meza v. Stategreen
texapp · 1994 · cited in 1 Texas opinions naming this issue, 1999–1999
1 sentence

1999See Meza v. State, 895 S.W.2d 399, 401 (Tex.App.—Corpus Christi 1994, no pet.) (citing McIntire v. State, 698 S.W.2d 652, 662 (Tex.Crim.App.1985)). 1 .

11
McIntire v. Stategreen
texcrimapp · 1985 · cited in 1 Texas opinions naming this issue, 1999–1999
1 sentence

1999See Meza v. State, 895 S.W.2d 399, 401 (Tex.App.—Corpus Christi 1994, no pet.) (citing McIntire v. State, 698 S.W.2d 652, 662 (Tex.Crim.App.1985)). 1 .

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
Padilla v. Kentucky green
scotus · 2010
2 sentences

2015Padilla v. Kentucky, 559 U.S. 356, 368-69 , 130 S.Ct. 1473, 1483 , L.Ed.2d 284 (2010); State v. Guerrero, 400 S.W.3d 576, 587 (Tex.Crim.App. 2013).

2015Padilla v. Kentucky, 559 U.S. 356, 368-69 , 130 S.Ct. 1473, 1483 , L.Ed.2d 284 (2010); State v. Guerrero, 400 S.W.3d 576, 587 (Tex.Crim.App. 2013).

42015–2015
Garland Community Hospital v. Rose green
tex · 2004
2 sentences

2009Therefore, examining the underlying nature of Alvarez's claim, Rose , 156 S.W.3d at 543 , and being careful not to extend chapter 74's reach beyond its stated bounds, Pallares, 267 S.W.3d at 71 , we conclude that the alleged act of improperly using the laser is not, in this case, an inseparable part of the rendition of health care services.

2009Therefore, examining the underlying nature of Alvarez's claim, Rose, 156 S.W.3d at 543 , and being careful not to extend chapter 74's reach beyond its stated bounds, Pallares, 267 S.W.3d at 71 , we conclude that the alleged act of improperly using the laser is not, in this case, an inseparable part of the rendition of health care services.

22009–2009
Pallares v. Magic Valley Electric Cooperative, Inc. green
texapp · 2008
2 sentences

2009Therefore, examining the underlying nature of Alvarez's claim, Rose , 156 S.W.3d at 543 , and being careful not to extend chapter 74's reach beyond its stated bounds, Pallares, 267 S.W.3d at 71 , we conclude that the alleged act of improperly using the laser is not, in this case, an inseparable part of the rendition of health care services.

2009Therefore, examining the underlying nature of Alvarez's claim, Rose, 156 S.W.3d at 543 , and being careful not to extend chapter 74's reach beyond its stated bounds, Pallares, 267 S.W.3d at 71 , we conclude that the alleged act of improperly using the laser is not, in this case, an inseparable part of the rendition of health care services.

22009–2009
Ybarra v. Illinois green
scotus · 1980
2 sentences

2024Alleged “general exploratory search” Relying on Ybarra v. Illinois, 444 U.S. 85 (1979), and Chatrie, 590 F.Supp.3d 901 , Alvarez appears to argue that the geofence-warrant was impermissibly overbroad because it lacked probable cause to search every single individual that may be located in the geofence.

2024Ybarra involved a warrant to search a tavern and the person of the bartender for drugs, see Ybarra, 444 U.S. at 88 , but a geofence-warrant “is not the same as the search of a body of a person, such that Ybarra would be implicated.” See State v. Contreras-Sanchez, 5 N.W.3d 151 , 170 (Minn.Ct.App. 2024), review granted (May 29, 2024)(quoting In re Warrant Application for Use of Canvassing Cell-Site Simulator, 654 F.Supp.3d 694 , 709 (N.D.

12024–2024
Nobles v. State green
texcrimapp · 1992
1 sentence

2018In determining whether the trial court abused its discretion in allowing Officer Villarreal to testify over Alvarez’s objection, we must evaluate whether the record supports a “showing of bad faith on the part of the prosecutor in the late designation and whether [Alvarez] could reasonably anticipate that the witness would testify although his name was not previously disclosed.” See Branum v. State, 535 S.W.3d 217, 226 (Tex. App.—Fort Worth 2017, no pet.) (citing Nobles v. State, 843 S.W.2d 503 , 514–15 (Tex. Crim.

12018–2018
Tesoro v. Alvarez green
· 2009
1 sentence

2010Id. at 660–61.

12010–2010
Stauffer v. City of San Antonio green
tex · 1961
2 sentences

2006While we agree that section 143.036(f) expressly authorizes a civil service commission to hear appeals from promotional pass-overs, see Stauffer, 344 S.W.2d at 160 and Cantu v. Perales, 97 S.W.3d 861, 863 (Tex.App.-Corpus Christi 2003, no pet.), the issue in this case does not involve a promotional pass-over.

2006While we agree that section 143.036(f) expressly authorizes a civil service commission to hear appeals from promotional pass-overs, see Stauffer, 344 S.W.2d at 160 and Cantu v. Perales, 97 S.W.3d 861, 863 (Tex.App.-Corpus Christi 2003, no pet.), the issue in this case does not involve a promotional pass-over.

12006–2006
Wilson Finance Company v. State green
texapp · 1961
1 sentence

1984Wilson Finance Co. v. State, 348 S.W.2d 639 (Tex.Civ.App.1961, no writ).

11984–1984

Where else courts name it

TX 17 (1984–2025) WA 10 (1982–2021) CA 6 (1969–2025) NJ 6 (2015–2025) FL 5 (1985–2018) AZ 3 (2016–2025) NY 2 (1990–2017) KS 2 (2019–2026)

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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