evidence supported instruction (Texas) · Go Syfert
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evidence supported instruction in Texas

16 Texas opinions name it 3 courts 1958–2018 0 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 (10)

CaseFollowedCited
Berkel & Co. v. Leegreen
texapp · 2017 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See Berkel & Co. Contractors, Inc. v. Lee , No. 14-15-00787-CV, 543 S.W.3d 288 , 297-98, 2018 WL 1403545 , at *6 (Tex. App.-Houston [14th Dist.] Jan. 23, 2018, no pet.) (explaining that when party raises related charge error and sufficiency complaints, court must first determine whether charge was erroneous). 34 If so, the greatest relief Critical Path could obtain is the new trial it requested in its brief of appellant.

11
Warren v. Stategreen
texcrimapp · 1978 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Warren v. State, 565 S.W.2d 931, 933 (Tex. Crim.

11
Thigpen v. Lockegreen
tex · 1962 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See Thigpen v. Locke, 363 S.W.2d 247, 253 (Tex. 1963) (debtor-creditor relationship alone insufficient to create fiduciary relationship); see also Bank One, Texas, N.A. v. Stewart, 967 S.W.2d 419, 442 (Tex. App.—Houston [14th Dist.] 1998, pet. denied). 5 When Texas courts have found a fiduciary relationship between a borrower and creditor, “the findings have rested on extraneous facts and conduct, such as excessive lender control or influence in the borrower’s business activities.” Bank One, Texas, N.A., 967 S.W.2d at 442 .

11
Posey v. Stategreen
texcrimapp · 1998 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See Posey v. State, 966 S.W.2d 57, 62 (Tex. Crim.

11
State Ex Rel. Healey v. McMeansgreen
texcrimapp · 1994 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013Healey v. McMeans, 884 S.W.2d 772, 779 (Tex. Crim.

11
Bank One, Texas, N.A. v. Stewartgreen
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2013–2013
2 sentences

2013See Thigpen v. Locke, 363 S.W.2d 247, 253 (Tex. 1963) (debtor-creditor relationship alone insufficient to create fiduciary relationship); see also Bank One, Texas, N.A. v. Stewart, 967 S.W.2d 419, 442 (Tex. App.—Houston [14th Dist.] 1998, pet. denied). 5 When Texas courts have found a fiduciary relationship between a borrower and creditor, “the findings have rested on extraneous facts and conduct, such as excessive lender control or influence in the borrower’s business activities.” Bank One, Texas, N.A., 967 S.W.2d at 442 .

2013See Thigpen v. Locke, 363 S.W.2d 247, 253 (Tex. 1963) (debtor-creditor relationship alone insufficient to create fiduciary relationship); see also Bank One, Texas, N.A. v. Stewart, 967 S.W.2d 419, 442 (Tex. App.—Houston [14th Dist.] 1998, pet. denied). 5 When Texas courts have found a fiduciary relationship between a borrower and creditor, “the findings have rested on extraneous facts and conduct, such as excessive lender control or influence in the borrower’s business activities.” Bank One, Texas, N.A., 967 S.W.2d at 442 .

11
Ngo v. Stategreen
texcrimapp · 2005 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012Ngo v. State, 175 S.W.3d 738, 743 (Tex. Crim.

11
Earls v. Stategreen
texcrimapp · 1986 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012See id.

11
LeDuc v. Stategreen
texcrimapp · 1980 · cited in 1 Texas opinions naming this issue, 1987–1987
1 sentence

1987Le Duc v. State, 593 S.W.2d 678, 685 (Tex.Crim.App.1979); Pitts v. State, 569 S.W.2d 898, 900 (Tex.Crim.App.1978).

11
Pitts v. Stategreen
texcrimapp · 1978 · cited in 1 Texas opinions naming this issue, 1987–1987
1 sentence

1987Le Duc v. State, 593 S.W.2d 678, 685 (Tex.Crim.App.1979); Pitts v. State, 569 S.W.2d 898, 900 (Tex.Crim.App.1978).

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 (6)

CaseCitedYears
Martinez v. State green
texcrimapp · 1989
2 sentences

2013Id.

2013Id.

22013–2013
Almanza v. State green
texcrimapp · 1985
2 sentences

2009When, as in this case, an accused complains of an unobjected-to error in the charge, “he will obtain a reversal only if the error is so egregious and created such harm that he ‘has not had a fair and impartial trial’—in short ‘egregious harm.’” Almanza, 686 S.W.2d at 171 .

2009When, as in this case, an accused complains of an unobjected-to error in the charge, "he will obtain a reversal only if the error is so egregious and created such harm that he 'has not had a fair and impartial trial'--in short 'egregious harm.'" Almanza , 686 S.W.2d at 171 .

22009–2009
Gadsden v. State green
texapp · 1996
1 sentence

2014In support of his contention that the evidence supported an instruction on manslaughter, Reed distinguishes his circumstances from those in Gadsden v. State, 915 S.W.2d 620 , 622–23 (Tex. App.—El Paso 1996, no pet.) (holding trial court did not err by not instructing jury on involuntary manslaughter when jury could not have convicted defendant only of that crime) and Fernandez v. State, No. 14–04–00144–CR, 2005 WL 2076492 (Tex. App.—Houston [14th Dist.] Aug. 30, 2005, pet. ref’d) (mem. op., not designated for publication) (holding that trial court was not required to instruct jury on manslaugh

12014–2014
SWEED v. State green
texcrimapp · 2011
1 sentence

2012Id. at 69–70.

12012–2012
Andrade v. NAACP of Austin green
texapp · 2009
1 sentence

2011Finally, although the voters did not plead it, the court of appeals noted that the voters’ evidence supported a claim that the eSlate does not comply with statutory requirements that the system operate “safely” and “accurately” and that it be “safe from fraudulent or unauthorized manipulation.” Tex. Elec.Code § 122.001(a)(3), (4); 287 S.W.3d at 253 n. 10.

12011–2011
Smith v. Texas Co. green
texcommnapp · 1932
1 sentence

1958Smith v. Texas Co., Tex.Com.App., 53 S.W.2d 774 , Section B, holds that there is presented a fact issue, and that the Court of Civil Appeals is without authority to determine such fact issue.

11958–1958

Statutes the citing opinions construe

TX § Tex. Penal Code § 9.31 (5) TX § Tex. Penal Code § 22.01 (3)

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

NY 24 (1988–2021) CA 23 (1976–2025) NC 17 (1979–2025) TX 16 (1958–2018) MO 10 (1981–2022) OH 10 (1990–2017) IL 8 (1893–2025) MI 7 (1986–2023) GA 6 (1935–2024) TN 5 (1996–2020) CT 5 (1989–2024) AZ 5 (1989–2015) WA 5 (2017–2021) NM 5 (2009–2021) PA 5 (1971–2025) MA 5 (1996–2026) IN 5 (1986–2015) FL 5 (1993–2026) MS 4 (1990–2025) CO 4 (1976–2020) KS 4 (2001–2017) AL 3 (2010–2018) KY 3 (1952–2021) OK 3 (1977–2023) MD 2 (2013–2016) SC 2 (1986–2024) VA 2 (2018–2024) WV 2 (2000–2007)

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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