formulation test (Texas) · Go Syfert
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formulation test in Texas

17 Texas opinions name it 3 courts 1957–2025 2 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 (7)

CaseFollowedCited
Commonwealth v. Saferiangreen
mass · 1974 · cited in 2 Texas opinions naming this issue, 2002–2002
2 sentences

2002Commonwealth v. Saferian, 366 Mass. 89, 95 , 315 N.E.2d 878, 882-83 (1974) (emphasis added).

2002Commonwealth v. Saferian, 366 Mass. 89, 95 , 315 N.E.2d 878, 882-83 (1974) (emphasis added).

22
Jampole v. Touchygreen
tex · 1984 · cited in 2 Texas opinions naming this issue, 1993–1996
2 sentences

1996The cornerstone of discovery is to “seek the truth, so that disputes may be decided by what the facts reveal, not by what facts are concealed.” Jampole v. Touchy, 673 S.W.2d 569, 573 (Tex.1984).

1996The cornerstone of discovery is to "seek the truth, so that disputes may be decided by what the facts reveal, not by what facts are concealed." Jampole v. Touchy, 673 S.W.2d 569, 573 (Tex.1984).

22
Izard v. Townsendgreen
texapp · 1948 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024However, relying on Izard v. Townsend, Appellants espouse a broader formulation of this exception whereby heirs have standing to bring suit on an estate’s behalf when “the interest of the estate requires action and there is no representative qualified to act.” See 208 S.W.2d 666, 668 (Tex. App.—Galveston 1948, no writ).

11
United States v. Gwendolyn E. Johnsongreen
cadc · 1973 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018Compare United States v. Johnson, 475 F.2d 977, 978 (D.C.

11
Lancon v. Stategreen
texcrimapp · 2008 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010There is, therefore, no meaningful distinction between the Jackson v. Virginia legal-sufficiency standard and the Clewis factual-sufficiency standard, and these two standards have become indistinguishable. 19 A dissenting opinion in Lancon stated that the majority opinion “seems to say that from now on, the level of deference due a jury’s decision will be total deference when the decision is based on an evaluation of credibility.” See Lancon, 253 S.W.3d at 708 (Johnson, J., dissenting).

11
Sharp v. Broadway National Bankgreen
tex · 1990 · cited in 1 Texas opinions naming this issue, 1996–1996
2 sentences

1996Sharp v. Broadway Nat’l Bank, 784 S.W.2d 669, 671 (Tex.1990); Tex.R.Civ.P. 215(5). 6 However, to properly answer the question presented by this point, it is helpful to analyze the policies and purposes underlying the formulation of the rule.

1996Sharp v. Broadway Nat'l Bank, 784 S.W.2d 669, 671 (Tex.1990); Tex.R.Civ.P. 215(5). [6] However, to properly answer the question presented by this point, it is helpful to analyze the policies and purposes underlying the formulation of the rule.

11
Mohamed v. Exxon Corp.green
texapp · 1990 · cited in 1 Texas opinions naming this issue, 1994–1994
1 sentence

1994Mohamed v. Exxon Corp., 796 S.W.2d 751, 756 (Tex.App. — Houston [14th Dist.] 1990, writ denied).

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 (10)

CaseCitedYears
United States v. Perez green
scotus · 1824
2 sentences

2014The classic formulation of the test for manifest necessity was penned by United States Supreme Court Justice Joseph Story in United States v. Perez, 22 U.S. 579, 580 , 6 L.Ed. 165 , 9 Wheat. 579 (1824) as follows: [w]e think, that in all cases of this nature, the law has invested Courts of justice with authority to discharge a jury for giving any verdict, whenever, in their opinion, taking all circumstances into consideration, there is a manifest necessity for the act, or the ends of public justice would otherwise be defeated.

2014The classic formulation of the test for manifest necessity was penned by United States Supreme Court Justice Joseph Story in United States v. Perez, 22 U.S. 579, 580 , 6 L.Ed. 165 , 9 Wheat. 579 (1824) as follows: [w]e think, that in all cases of this nature, the law has invested Courts of justice with authority to discharge a jury for giving any verdict, whenever, in their opinion, taking all circumstances into consideration, there is a manifest necessity for the act, or the ends of public justice would otherwise be defeated.

32012–2014
Horton v. California green
scotus · 1990
1 sentence

2025Id. at 831–32.

12025–2025
Panetti v. Quarterman green
scotus · 2007
2 sentences

2017Id. at 957 , 127 S.Ct. 2842 (citing Ford, 477 U.S. at 409-10 , 106 S.Ct. 2595 ).

2017Id. at 957 , 127 S.Ct. 2842 (citing Ford, 477 U.S. at 409-10 , 106 S.Ct. 2595 ).

12017–2017
Ford v. Wainwright green
scotus · 1986
2 sentences

2017Id. at 957 , 127 S.Ct. 2842 (citing Ford, 477 U.S. at 409-10 , 106 S.Ct. 2595 ).

2017Id. at 957 , 127 S.Ct. 2842 (citing Ford, 477 U.S. at 409-10 , 106 S.Ct. 2595 ).

12017–2017
Rice v. Santa Fe Elevator Corp. green
scotus · 1947
2 sentences

2010Id. at 1194-95 & n. 3 (citing Lohr, 518 U.S. at 485 , 116 S.Ct. 2240 and Rice, 331 U.S. at 230 , 67 S.Ct. 1146 ).

2010Id. at 1194-95 & n. 3 (citing Lohr, 518 U.S. at 485 , 116 S.Ct. 2240 and Rice, 331 U.S. at 230 , 67 S.Ct. 1146 ).

12010–2010
Medtronic, Inc. v. Lohr green
scotus · 1996
2 sentences

2010Id. at 1194-95 & n. 3 (citing Lohr, 518 U.S. at 485 , 116 S.Ct. 2240 and Rice, 331 U.S. at 230 , 67 S.Ct. 1146 ).

2010Id. at 1194-95 & n. 3 (citing Lohr, 518 U.S. at 485 , 116 S.Ct. 2240 and Rice, 331 U.S. at 230 , 67 S.Ct. 1146 ).

12010–2010
City of Lancaster v. Chambers green
tex · 1994
1 sentence

1997Id. at 656 .

11997–1997
Underhill v. Hernandez green
scotus · 1897
2 sentences

1978Redress of grievances by reason of such acts must be obtained through the means open to be availed of by sovereign powers as between themselves. 376 U.S. 398, 416 , 84 S.Ct. 923, 934 , 11 L.Ed.2d 804 (1964) quoting Underhill v. Hernandez, 168 U.S. 250, 252 , 18 S.Ct. 83, 84 , 42 L.Ed. 456 (1897).

1978Redress of grievances by reason of such acts must be obtained through the means open to be availed of by sovereign powers as between themselves. 376 U.S. 398, 416 , 84 S.Ct. 923, 934 , 11 L.Ed.2d 804 (1964) quoting Underhill v. Hernandez, 168 U.S. 250, 252 , 18 S.Ct. 83, 84 , 42 L.Ed. 456 (1897).

11978–1978
Banco Nacional De Cuba v. Sabbatino green
scotus · 1964
2 sentences

1978Redress of grievances by reason of such acts must be obtained through the means open to be availed of by sovereign powers as between themselves. 376 U.S. 398, 416 , 84 S.Ct. 923, 934 , 11 L.Ed.2d 804 (1964) quoting Underhill v. Hernandez, 168 U.S. 250, 252 , 18 S.Ct. 83, 84 , 42 L.Ed. 456 (1897).

1978Redress of grievances by reason of such acts must be obtained through the means open to be availed of by sovereign powers as between themselves. 376 U.S. 398, 416 , 84 S.Ct. 923, 934 , 11 L.Ed.2d 804 (1964) quoting Underhill v. Hernandez, 168 U.S. 250, 252 , 18 S.Ct. 83, 84 , 42 L.Ed. 456 (1897).

11978–1978
Hawkins v. Texas Co. green
· 1948
2 sentences

1957In Hawkins v. Texas Co., 146 Tex. 511 , 209 S.W.2d 338, 340 , it was said that in the formulation of the rule that the order of the agency will be sustained if it is reasonably supported by substantial evidence, the word “reasonably” was deliberately used and its use “gives to the judicial review a broader scope than it would have if some substantial evidence were regarded sufficient * * *.

1957In Hawkins v. Texas Co., 146 Tex. 511 , 209 S.W.2d 338, 340 , it was said that in the formulation of the rule that the order of the agency will be sustained if it is reasonably supported by substantial evidence, the word “reasonably” was deliberately used and its use “gives to the judicial review a broader scope than it would have if some substantial evidence were regarded sufficient * * *.

11957–1957

Where else courts name it

CA 121 (1945–2026) NY 31 (1896–2024) PA 22 (1960–2024) NJ 19 (1977–2025) TX 17 (1957–2025) OR 15 (1972–2025) WI 14 (1963–2008) UT 13 (1979–2025) MA 13 (1975–2024) IL 13 (1897–2023) MI 12 (1977–2025) CT 11 (1974–2024) DE 10 (1988–2024) WA 10 (1981–2014) CO 10 (1975–2023) MD 10 (1975–2018) IN 8 (1969–2008) ME 8 (1973–2023) ID 7 (1988–2025) MN 7 (1974–2024) AZ 6 (1965–2004) HI 6 (1975–2021) AK 6 (1980–2022) ND 6 (1982–2016) FL 6 (1980–2007) NC 5 (1978–2019) DC 5 (1980–2022) WV 5 (1977–1997) TN 5 (1914–2010) MO 4 (1922–1994) IA 4 (1983–2026) NM 4 (1975–2015) AL 4 (1932–2004) KY 3 (1979–2010) KS 3 (1980–2022) SC 3 (1961–1996) AR 3 (1986–2006) VA 2 (2007–2019) OH 2 (1982–1982) MS 2 (1981–1986) SD 2 (1948–2022)

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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