defect error (Texas) · Go Syfert
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defect error in Texas

17 Texas opinions name it 3 courts 1927–2024 1 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 (6)

CaseFollowedCited
Lyon v. Stategreen
texcrimapp · 1994 · cited in 3 Texas opinions naming this issue, 2001–2012
2 sentences

2012But, despite its language, the former rule had been construed to apply to an appeal of 'any matter in the case,' regardless of whether the matters were 'defects or errors that occur before or after the entry of the plea.'" Cooper , 45 S.W.3d at 79 n.3 (citing Lyon v. State , 872 S.W.2d 732, 736 (Tex. Crim.

2012But, despite its language, the former rule had been construed to apply to an appeal of 'any matter in the case,’ regardless of whether the matters were 'defects or errors that occur before or after the entry of the plea.'" Cooper, 45 S.W.3d at 79 n. 3 (citing Lyon v. State, 872 S.W.2d 732, 736 (Tex.Crim.App.1994)). .

33
Dunn v. Stategreen
texcrimapp · 1997 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024Proc Ann. art. 38.23(b); see Dunn, 951 S.W.2d at 479 (“Evidence obtained by a police officer acting in good faith reliance upon a warrant based upon a magistrate’s determination of probable cause should not be rendered inadmissible due to a defect found in the warrant subsequent to its execution.”).

11
Morris v. Stategreen
texcrimapp · 1986 · cited in 1 Texas opinions naming this issue, 2001–2001
1 sentence

2001But, despite its language, the former rule had been construed to apply to an appeal of "any matter in the case," regardless of whether the matters were "defects or errors that occur before or after the entry of the plea." Lyon v. State, 872 S.W.2d 732, 736 (Tex.Cr.App.1994). [4] Morris v. State, 749 S.W.2d 772, 774 (Tex. Cr.App.1986). [5] Before 1977, all misdemeanants and all felons whose sentences did not exceed 15 years were entitled to bail.

11
Continental Coffee Products Co. v. Cazarezgreen
tex · 1997 · cited in 1 Texas opinions naming this issue, 1999–1999
1 sentence

1999See Continental Coffee Prods, v. Cazarez, 937 S.W.2d 444, 450 (Tex.1996). 28 . 748 S.W.2d at 92 (failure to discover or guard against a defect is no defense to a strict liability claim). 29 .

11
Keen v. Ashot Ashkelon, Ltd.green
tex · 1988 · cited in 1 Texas opinions naming this issue, 1999–1999
1 sentence

1999See Continental Coffee Prods, v. Cazarez, 937 S.W.2d 444, 450 (Tex.1996). 28 . 748 S.W.2d at 92 (failure to discover or guard against a defect is no defense to a strict liability claim). 29 .

11
Pirtle v. Gregorygreen
tex · 1982 · cited in 1 Texas opinions naming this issue, 1997–1997
1 sentence

1997Pirtle v. Gregory, 629 S.W.2d 919, 920 (Tex.1982).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Turner v. Landyellow
texapp · 1971 · cited in 1 Texas opinions naming this issue, 1987–1987
2 sentences

1987But see, Turner v. Land, 472 S.W.2d 853 (Tex.Civ.App.—Tyler 1971, writ ref'd n.r.e.).

1987But see, Turner v. Land, 472 S.W.2d 853 (Tex.Civ.App. — Tyler 1971, writ ref’d n.r.e.).

11

Also cited on this issue (13)

CaseCitedYears
Roman Ramirez-Memije v. State green
texapp · 2013
2 sentences

2014Ramirez-Memije, 397 S.W.3d at 297 .

2014Ramirez-Memije, 397 S.W.3d at 297 .

22014–2014
Cooper v. State green
texcrimapp · 2001
2 sentences

2012But, despite its language, the former rule had been construed to apply to an appeal of 'any matter in the case,' regardless of whether the matters were 'defects or errors that occur before or after the entry of the plea.'" Cooper , 45 S.W.3d at 79 n.3 (citing Lyon v. State , 872 S.W.2d 732, 736 (Tex. Crim.

2012But, despite its language, the former rule had been construed to apply to an appeal of 'any matter in the case,’ regardless of whether the matters were 'defects or errors that occur before or after the entry of the plea.'" Cooper, 45 S.W.3d at 79 n. 3 (citing Lyon v. State, 872 S.W.2d 732, 736 (Tex.Crim.App.1994)). .

22012–2012
State of Texas v. Bradford green
tex · 1932
1 sentence

2020Bradford, 50 S.W.2d at 1071 .

12020–2020
Dixon v. Shirley green
texapp · 1977
1 sentence

2014In response, IQ relies on Dixon v. Shirley to contend that STC had a duty to disclose the defect in the waiver. 558 S.W.2d 112 (Tex.Civ.App.-Corpus Christi, 1977, writ ref d n.r.e.).

12014–2014
Ferry-Morse Seed Co. v. Hitchcock green
fla · 1983
1 sentence

2001This prior version required a claim be filed “within ten days after the defect or violation becomes apparent.” See Ferry-Morse Seed Co., 426 So.2d at 960 .

12001–2001
Kolender v. Lawson green
scotus · 1983
2 sentences

1998But the correct question for vagueness purposes is whether the statute’s language is so unclear that it “encourages,” Kolender, 461 U.S. at 361 , 103 S.Ct. 1855 , or is “an obvious invitation to” arbitrary enforcement.

1998But the correct question for vagueness purposes is whether the statute’s language is so unclear that it “encourages,” Kolender, 461 U.S. at 361 , 103 S.Ct. 1855 , or is “an obvious invitation to” arbitrary enforcement.

11998–1998
Plas-Tex, Inc. v. U.S. Steel Corp. green
tex · 1989
1 sentence

1994Id.

11994–1994
City of Houston v. Clear Creek Basin Authority green
tex · 1979
1 sentence

1985City of Houston, 589 S.W.2d at 679 ; Chandler, 604 S.W.2d at 487 .

11985–1985
Chandler v. Carnes Co. green
texapp · 1980
1 sentence

1985City of Houston, 589 S.W.2d at 679 ; Chandler, 604 S.W.2d at 487 .

11985–1985
Gardner v. Martin green
tex · 1961
2 sentences

1985We also note that Gardner v. Martin, 162 Tex. 156 , 345 S.W.2d 274 (1961), relied upon in Chandler , has essentially been cit *287 ed by the Texas Supreme Court for the proposition that, if the movant fails to attach certified copies of a prior case to establish a res judicata claim and the non-movant does not point out the omission at the trial level, he may not assign the defect as error on appeal.

1985We also note that Gardner v. Martin, 162 Tex. 156 , 345 S.W.2d 274 (1961), relied upon in Chandler , has essentially been cit *287 ed by the Texas Supreme Court for the proposition that, if the movant fails to attach certified copies of a prior case to establish a res judicata claim and the non-movant does not point out the omission at the trial level, he may not assign the defect as error on appeal.

11985–1985
Wheatheart Feeders, Inc. v. Pletcher green
texapp · 1970
1 sentence

1980Walker v. Great Atlantic & Pacific Tea Company, 131 Tex. 57 , 112 S.W.2d 170 (1938); Wheatheart Feeders, Inc. v. Pletcher, 453 S.W.2d 902 (Tex.Civ.App. — Amarillo 1970, writ dism’d).

11980–1980
Walker v. Great Atlantic & Pacific Tea Co. green
tex · 1938
2 sentences

1980Walker v. Great Atlantic & Pacific Tea Company, 131 Tex. 57 , 112 S.W.2d 170 (1938); Wheatheart Feeders, Inc. v. Pletcher, 453 S.W.2d 902 (Tex.Civ.App. — Amarillo 1970, writ dism’d).

1980Walker v. Great Atlantic & Pacific Tea Company, 131 Tex. 57 , 112 S.W.2d 170 (1938); Wheatheart Feeders, Inc. v. Pletcher, 453 S.W.2d 902 (Tex.Civ.App. — Amarillo 1970, writ dism’d).

11980–1980
Gulf, C. & S. F. Ry. Co. v. Conley green
texcommnapp · 1923
2 sentences

1927(Tex.Com.App.) 252 S.W. 737 , that when a charge is improper or incomplete, it is not necessary for the party objecting to do more than to object to the manner and form in which the charge is submitted, and there is no duty on appellant's part to tender a charge or issue which will correct the defect or error in the charge given or proposed to be given by the court.

1927App.) 252 S. W. 737 , that when a charge is improper or incomplete, it is not necessary for the party objecting to do more than to object to the manner and form in which the charge is submitted, and there is no duty on appellant’s part to tender a charge or issue which will correct the defect or error in the charge given or proposed to be given by the court.

11927–1927

Where else courts name it

NY 59 (1883–2026) IL 27 (1917–2026) CA 17 (1909–2024) MI 17 (1892–2024) TX 17 (1927–2024) MO 13 (1911–2022) CT 11 (1976–2016) IN 9 (1884–1991) GA 8 (1960–2019) LA 7 (1957–2005) OH 7 (1970–2021) FL 7 (1901–2014) AR 6 (1899–2013) TN 6 (1898–2012) MS 6 (1963–2000) WA 6 (1909–2014) OR 6 (1910–2021) NE 5 (1917–1955) MN 5 (1891–1995) AL 4 (1915–2001) MA 4 (1869–2024) KS 4 (1887–2008) OK 4 (1902–1991) WI 4 (1996–2025) KY 4 (1900–1971) PA 4 (2010–2025) MD 3 (1939–2025) IA 3 (1907–1953) VT 3 (2015–2015) NM 3 (1982–2022) NC 3 (1936–2005) AK 2 (1971–1974) NJ 2 (1944–2002) WV 2 (1988–2018) VA 2 (1926–2013) DC 2 (2001–2012)

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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