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18 Texas opinions name it 2 courts 2014–2025 10 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 |
|---|---|---|
Peeler v. Hughes & Lucegreen2 sentences2025Under the Peeler doctrine, “convicts may not sue their criminal-defense attorneys for malpractice unless ‘they have been exonerated on direct appeal, through post-conviction relief, or otherwise.’” Gray v. Skelton, 595 S.W.3d 633 , 637 (Tex. 2020) (quoting Peeler v. Hughes & Luce, 909 S.W.2d 494, 498 (Tex. 1995) (plurality op.)). 2025Under the Peeler doctrine, “convicts may not sue their criminal-defense attorneys for malpractice unless ‘they have been exonerated on direct appeal, through post-conviction relief, or otherwise.’” Gray v. Skelton, 595 S.W.3d 633 , 637 (Tex. 2020) (quoting Peeler v. Hughes & Luce, 909 S.W.2d 494, 498 (Tex. 1995) (plurality op.)). | 10 | 11 |
William Carl Wooley v. Randy Schaffergreen2 sentences2025See Mathis, 543 S.W.3d at 931 ; see also, e.g., Wooley v. Schaffer, 447 S.W.3d 71, 78 (Tex. App.—Houston [14th Dist.] 2014, pet. denied) (affirming the trial court’s Rule 91a motion to dismiss following the application of the Peeler doctrine on the appellant’s legal malpractice claim and concluding that the cause of action had no basis in law or fact); Butler, 2006 WL 3747181 , at *2 (same). 2025See Mathis, 543 S.W.3d at 931 ; see also, e.g., Wooley v. Schaffer, 447 S.W.3d 71, 78 (Tex. App.—Houston [14th Dist.] 2014, pet. denied) (affirming the trial court’s Rule 91a motion to dismiss following the application of the Peeler doctrine on the appellant’s legal malpractice claim and concluding that the cause of action had no basis in law or fact); Butler, 2006 WL 3747181 , at *2 (same). | 3 | 4 |
Golden v. McNealgreen2 sentences2014See Meullion, 2011 WL 5926676 , at *2-4; McLendon, 2007 WL 1892312 , at *1-2; Golden, 78 S.W.3d at 491-92 ; Johnson, 949 S.W.2d at 393-94 . 14 Because Futch has not been exonerated, his fee-forfeiture request fails as a matter of law under the Peeler doctrine. 2014See Meullion, 2011 WL 5926676 , at *2-4; McLendon, 2007 WL 1892312 , at *1-2; Golden, 78 S.W.3d at 491-92 ; Johnson, 949 S.W.2d at 393-94 . 14 Because Futch has not been exonerated, his fee-forfeiture request fails as a matter of law under the Peeler doctrine. | 2 | 3 |
Jerry Alfred Futch, Jr. v. Baker Botts, LLPgreen2 sentences2016Wooley, 447 S.W.3d at 77-78 ; Futch, 435 S.W.3d at 391 (noting that court had previously held that “the Peeler doctrine applies to claims based on allegedly actionable conduct connected with the conviction”). 2016Wooley, 447 S.W.3d at 77-78 ; Futch, 435 S.W.3d at 391 (noting that court had previously held that “the Peeler doctrine applies to claims based on allegedly actionable conduct connected with the conviction”). | 2 | 3 |
Johnson v. Odomgreen2 sentences2014See Meullion, 2011 WL 5926676 , at *2-4; McLendon, 2007 WL 1892312 , at *1-2; Golden, 78 S.W.3d at 491-92 ; Johnson, 949 S.W.2d at 393-94 . 14 Because Futch has not been exonerated, his fee-forfeiture request fails as a matter of law under the Peeler doctrine. 2014See Johnson, 949 S.W.2d at 393-94 . 11 In Golden v. McNeal, this court extended the Peeler doctrine to a non-attorney, an investigator who assisted in the plaintiffs defense of the criminal charge. | 2 | 2 |
Guy James Gray v. Patricia Skeltongreen2 sentences2025Under the Peeler doctrine, “convicts may not sue their criminal-defense attorneys for malpractice unless ‘they have been exonerated on direct appeal, through post-conviction relief, or otherwise.’” Gray v. Skelton, 595 S.W.3d 633 , 637 (Tex. 2020) (quoting Peeler v. Hughes & Luce, 909 S.W.2d 494, 498 (Tex. 1995) (plurality op.)). 2025Under the Peeler doctrine, “convicts may not sue their criminal-defense attorneys for malpractice unless ‘they have been exonerated on direct appeal, through post-conviction relief, or otherwise.’” Gray v. Skelton, 595 S.W.3d 633 , 637 (Tex. 2020) (quoting Peeler v. Hughes & Luce, 909 S.W.2d 494, 498 (Tex. 1995) (plurality op.)). | 1 | 6 |
in the Estate of Richard E. Mathis, Jr.green2 sentences2025See Mathis, 543 S.W.3d at 931 ; see also, e.g., Wooley v. Schaffer, 447 S.W.3d 71, 78 (Tex. App.—Houston [14th Dist.] 2014, pet. denied) (affirming the trial court’s Rule 91a motion to dismiss following the application of the Peeler doctrine on the appellant’s legal malpractice claim and concluding that the cause of action had no basis in law or fact); Butler, 2006 WL 3747181 , at *2 (same). 2025See Mathis, 543 S.W.3d at 931 ; see also, e.g., Wooley v. Schaffer, 447 S.W.3d 71, 78 (Tex. App.—Houston [14th Dist.] 2014, pet. denied) (affirming the trial court’s Rule 91a motion to dismiss following the application of the Peeler doctrine on the appellant’s legal malpractice claim and concluding that the cause of action had no basis in law or fact); Butler, 2006 WL 3747181 , at *2 (same). | 1 | 1 |
Bryan Stallworth v. Randall Ayersgreen2 sentences2023See Stallworth v. Ayers, 510 S.W.3d 187, 194 (Tex. App.—Houston [1st Dist.] 2016, no pet.) (affirming dismissal under Rule 91a of defendant’s legal malpractice claims against attorney who represented him in criminal proceeding because defendant had not been exonerated and therefore, under Peeler doctrine, his claim had no basis in law). 2023See Stallworth v. Ayers, 510 S.W.3d 187, 194 (Tex. App.—Houston [1st Dist.] 2016, no pet.) (affirming dismissal under Rule 91a of defendant’s legal malpractice claims against attorney who represented him in criminal proceeding because defendant had not been exonerated and therefore, under Peeler doctrine, his claim had no basis in law). | 1 | 1 |
William J. Gonyea, Jr. v. Orian Scottgreen1 sentence2023See Gonyea v. Scott, 541 S.W.3d 238, 247 (Tex. App.—Houston [1st Dist.] 2017, pet. denied). | 1 | 1 |
Cincinnati Life Insurance Co. v. Catesgreen2 sentences2021See Cates, 927 S.W.2d at 625 ; see also Tex. R. 2021See Cates, 927 S.W.2d at 625 ; see also Tex. R. | 1 | 1 |
Apex Towing Co. v. Tolingreen2 sentences2020While novel, this extension of tolling principles satisfies our preference for bright lines in the statute-of- limitations context, see Apex Towing Co. v. Tolin, 41 S.W.3d 118, 122 (Tex. 2001), and cures the potential problem of malpractice claims being tolled until some indeterminate time in the future when the convicted criminal seeks post-conviction relief. 2020While novel, this extension of tolling principles satisfies our preference for bright lines in the statute-of- limitations context, see Apex Towing Co. v. Tolin, 41 S.W.3d 118, 122 (Tex. 2001), and cures the potential problem of malpractice claims being tolled until some indeterminate time in the future when the convicted criminal seeks post-conviction relief. | 1 | 1 |
Matter of Humphreysgreen2 sentences2017See In re Humphreys, 880 S.W.2d 402, 404 (Tex. 1994) (stating that “questions of law are always subject to de novo review”). 2017See In re Humphreys, 880 S.W.2d 402, 404 (Tex. 1994) (stating that “questions of law are always subject to de novo review”). | 1 | 1 |
Douglas v. Delpgreen2 sentences2017This is achieved through a rule of law—the Peeler doctrine—that provides that the sole proximate and producing cause of the indictment and conviction on a criminal defendant is, as a matter of law, the individual’s own criminal conduct, unless the criminal defendant has been exonerated on direct appeal, through post-conviction relief, or otherwise.5 Id. at 497–98; see Douglas v. Delp, 987 S.W.2d 879 , 884 n.1 (Tex. 1999) (citing Peeler for statement of law that “plaintiffs convicted of a crime may maintain legal malpractice claims in connection with that conviction ‘only if they have been exon 2017This is achieved through a rule of law—the Peeler doctrine—that provides that the sole proximate and producing cause of the indictment and conviction on a criminal defendant is, as a matter of law, the individual’s own criminal conduct, unless the criminal defendant has been exonerated on direct appeal, through post-conviction relief, or otherwise.5 Id. at 497–98; see Douglas v. Delp, 987 S.W.2d 879 , 884 n.1 (Tex. 1999) (citing Peeler for statement of law that “plaintiffs convicted of a crime may maintain legal malpractice claims in connection with that conviction ‘only if they have been exon | 1 | 1 |
Finger v. Raygreen1 sentence2014See Finger v. Ray, 326 S.W.3d 285, 288-89 (Tex.App.-Houston [1st Dist.] 2010, no pet.). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Patricia Skelton v. Guy James Gray
green
2 sentences2022Skelton v. Gray, 547 S.W.3d 272 , 276-77, 280 (Tex. App.—San Antonio 2018) (holding Peeler doctrine did not apply because Skelton’s conviction had been vacated), aff’d, 595 S.W.3d 633 (Tex. 2020). 2020The court of appeals reversed, holding that because Skelton’s conviction had been vacated, the Peeler doctrine did not apply. 547 S.W.3d at 277 . | 2 | 2020–2022 |
Owens v. Harmon
green
1 sentence2023But Peeler represents a rule of general application to all convicted plaintiffs who sue their criminal-defense attorneys for legal malpractice, see id. at 637–39 (applying Peeler doctrine to all such plaintiffs), and it has indeed been applied to plaintiffs who pleaded not guilty in their criminal trials and then sue their trial counsel, see generally, e.g., Dunsmore v. Hanley, No. 14-15-00321-CV, 2016 WL 4479523 (Tex. App.—Houston [14th Dist.] Aug. 25, 2016, pet. denied) (mem. op.); Owens v. Harmon, 28 S.W.3d 177 (Tex. App.—Texarkana 2000, pet. denied). | 1 | 2023–2023 |
Beck v. LAW OFFICES OF EDWIN J. TERRY, JR.
green
2 sentences2023(Ted) Terry, Jr., P.C., 284 S.W.3d 416 , 427 n.10 (Tex. App.—Austin 2009, no pet.), but we will use “professional negligence” and “legal malpractice” interchangeably below because the record and many applicable authorities use the terms interchangeably, see, e.g., Gray v. Skelton, 595 S.W.3d 633 , passim (Tex. 2020). 2 In both a trial-court affidavit and his appellant’s brief, Brickley confirms that these are the four causes of action that he has pleaded. 3 See, e.g., Hanna v. Williams, No. 03-22-00254-CV, 2022 WL 17490996 , at *7 (Tex. App.—Austin Dec. 7, 2022, no pet. h.) (mem. op.) (naming 2023(Ted) Terry, Jr., P.C., 284 S.W.3d 416 , 427 n.10 (Tex. App.—Austin 2009, no pet.), but we will use “professional negligence” and “legal malpractice” interchangeably below because the record and many applicable authorities use the terms interchangeably, see, e.g., Gray v. Skelton, 595 S.W.3d 633 , passim (Tex. 2020). 2 In both a trial-court affidavit and his appellant’s brief, Brickley confirms that these are the four causes of action that he has pleaded. 3 See, e.g., Hanna v. Williams, No. 03-22-00254-CV, 2022 WL 17490996 , at *7 (Tex. App.—Austin Dec. 7, 2022, no pet. h.) (mem. op.) (naming | 1 | 2023–2023 |
in Re Facebook, Inc. and Facebook, Inc. D/B/A Instagram
green
2 sentences2023P. 91a(1); In re Facebook, Inc., 625 S.W.3d 80 , 84–85 (Tex. 2021) (orig. proceeding). 2 cannot survive because of the Peeler doctrine. 2023P. 91a(1); In re Facebook, Inc., 625 S.W.3d 80 , 84–85 (Tex. 2021) (orig. proceeding). 2 cannot survive because of the Peeler doctrine. | 1 | 2023–2023 |
Equitable General Insurance Co. of Texas v. Yates
green
1 sentence2023Id. at 671 ; see TEX. | 1 | 2023–2023 |
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.