16 Texas opinions name it 3 courts 1997–2023 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.
| Case | Followed | Cited |
|---|---|---|
Beauchamp v. Stategreen2 sentences2007See United States v. Hawkins, 59 F.3d 723, 730 (8th Cir.1995); cf. Cardenas v. State, 115 S.W.3d at 62-63 . (statement to neighbor who lived less than one minute away that particular man was in declarant’s apartment was made “immediately thereafter.” 23 “A functional test should be applied, i.e., whether the proximity in time is sufficient to reduce the hearsay danger of faulty memory and insincerity.” Goode, § 803.2 (citing Beauchamp v. State, 870 S.W.2d 649, 653 (Tex.App.-El Paso 1994, pet. ref'd))). 2007See United States v. Hawkins, 59 F.3d 722, 730 (8th Cir. 1995); cf. Cardenas v. State, 115 S.W.3d at 62-63 . (statement to neighbor who lived less than one minute away that particular man was in declarant’s apartment was made “immediately thereafter.”23 “A functional test should be applied, i.e., whether the proximity in time is sufficient to reduce the hearsay danger of faulty memory and insincerity.” Goode, § 803.2 (citing Beauchamp v. State, 870 S.W.2d 649, 653 (Tex. App.—El Paso 1994, pet. ref’d)). | 3 | 3 |
Holmes v. Moralesgreen1 sentence2023See Brady v. Brooks, 89 S.W. 1052, 1056 (Tex. 1905); Holmes v. Morales, 924 S.W.2d 920, 923 (Tex. 1996) (“The court of appeals correctly concluded that the district attorney’s office is not included in the meaning of ‘judiciary’ because the Texas Constitution invests no judicial power in that office.”). | 1 | 1 |
Gordon v. Terrellgreen1 sentence2023See Brady v. Brooks, 89 S.W. 1052, 1056 (Tex. 1905); Holmes v. Morales, 924 S.W.2d 920, 923 (Tex. 1996) (“The court of appeals correctly concluded that the district attorney’s office is not included in the meaning of ‘judiciary’ because the Texas Constitution invests no judicial power in that office.”). | 1 | 1 |
Friends of the Earth, Inc. v. Chevron Chemical Co.green1 sentence2017Co., 129 F.3d 826, 828-29 (5th Cir. 1997) (stating that in Hunt, the Supreme Court performed a functional analysis to determine whether an association whose constituents were not members in the traditional sense nevertheless had standing to sue on their behalf). | 1 | 1 |
Glenn Paul Baker, Sr., Cross-Appellant v. Raymond International, Inc., Cross-Appelleegreen1 sentence2011It permits the injured worker to recover from the company that was actually directing his work.”) (quoting Baker v. Raymond Int’l, Inc., 656 F.2d 173, 178 (5th Cir.1981)). | 1 | 1 |
Ralph Hall v. Diamond M Companygreen1 sentence2011“A person can be in the general employ of one company while at the same time being in the particular employ of another “with all the legal consequences of the new relation.’ ” White, 222 F.3d at 149 ; Hall v. Diamond M Co., 732 F.2d 1246, 1249 (5th Cir.1984) (“The borrowed servant doctrine is the functional rule that places the risk of a worker’s injury on his actual rather than his nominal employer. | 1 | 1 |
United States v. Wesley Norvette Hawkinsgreen1 sentence2007See United States v. Hawkins, 59 F.3d 723, 730 (8th Cir.1995); cf. Cardenas v. State, 115 S.W.3d at 62-63 . (statement to neighbor who lived less than one minute away that particular man was in declarant’s apartment was made “immediately thereafter.” 23 “A functional test should be applied, i.e., whether the proximity in time is sufficient to reduce the hearsay danger of faulty memory and insincerity.” Goode, § 803.2 (citing Beauchamp v. State, 870 S.W.2d 649, 653 (Tex.App.-El Paso 1994, pet. ref'd))). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Barker v. Wingo
green
2 sentences1998The determination requires “a functional analysis of the [speedy trial] right in the particular context of the case.” Id. at 530 , 92 S.Ct. 2182 . 1998The determination requires “a functional analysis of the [speedy trial] right in the particular context of the case.” Id. at 530 , 92 S.Ct. 2182 . | 5 | 1997–2022 |
Cardenas v. State
green
2 sentences2007See United States v. Hawkins, 59 F.3d 723, 730 (8th Cir.1995); cf. Cardenas v. State, 115 S.W.3d at 62-63 . (statement to neighbor who lived less than one minute away that particular man was in declarant’s apartment was made “immediately thereafter.” 23 “A functional test should be applied, i.e., whether the proximity in time is sufficient to reduce the hearsay danger of faulty memory and insincerity.” Goode, § 803.2 (citing Beauchamp v. State, 870 S.W.2d 649, 653 (Tex.App.-El Paso 1994, pet. ref'd))). 2007See United States v. Hawkins, 59 F.3d 722, 730 (8th Cir. 1995); cf. Cardenas v. State, 115 S.W.3d at 62-63 . (statement to neighbor who lived less than one minute away that particular man was in declarant’s apartment was made “immediately thereafter.”23 “A functional test should be applied, i.e., whether the proximity in time is sufficient to reduce the hearsay danger of faulty memory and insincerity.” Goode, § 803.2 (citing Beauchamp v. State, 870 S.W.2d 649, 653 (Tex. App.—El Paso 1994, pet. ref’d)). | 3 | 2007–2007 |
Beavers v. Haubert
green
2 sentences2006Thus, as we recognized in Beavers v. Haubert, supra, [ 198 U.S. 77 , 25 S.Ct. 573 , 49 L.Ed. 950 (1905)] any inquiry into a speedy trial claim necessitates a functional analysis of the right in the particular context of the case: 'The right of a speedy trial is necessarily relative. 2006Thus, as we recognized in Beavers v. Haubert, supra, [ 198 U.S. 77 , 25 S.Ct. 573 , 49 L.Ed. 950 (1905)] any inquiry into a speedy trial claim necessitates a functional analysis of the right in the particular context of the case: 'The right of a speedy trial is necessarily relative. | 2 | 2001–2006 |
Everett B. Robinson v. Bobby Freeze, Deputy Sheriff, Little River County
green
2 sentences2004Based on this analysis of a bailiff's historic common-law immunity and a functional analysis of the bailiff's duties, the court concluded that the question of absolute immunity for bailiffs depends "on whether the specific conduct of the bailiff at issue was quasi-judicial in nature." Id. 2004Based on this analysis of a bailiffs historic common-law immunity and a functional analysis of the bailiffs duties, the court concluded that the question of absolute immunity for bailiffs depends “on whether the specific conduct of the bailiff at issue was quasi-judicial in nature.” Id. | 2 | 2004–2004 |
Douglas F. White v. Bethlehem Steel Corporation, and Krupp Lonrho Gmbh Seeschiffart
green
1 sentence2011“A person can be in the general employ of one company while at the same time being in the particular employ of another “with all the legal consequences of the new relation.’ ” White, 222 F.3d at 149 ; Hall v. Diamond M Co., 732 F.2d 1246, 1249 (5th Cir.1984) (“The borrowed servant doctrine is the functional rule that places the risk of a worker’s injury on his actual rather than his nominal employer. | 1 | 2011–2011 |
United States v. Utah Construction & Mining Co.
red
2 sentences1997In this context we have adopted the functional test propounded by the U.S. Supreme Court in United States v. Utah Construction and Mining Company, 384 U.S. 394, 421-22 , 86 S.Ct. 1545, 1559-60 , 16 L.Ed.2d 642 (1966): When an administrative agency is acting in a judicial capacity and resolves disputed issues of fact properly before it which the parties have had an adequate opportunity to litigate, the courts have not hesitated to apply res judicata to enforce repose. 1997In this context we have adopted the functional test propounded by the U.S. Supreme Court in United States v. Utah Construction and Mining Company, 384 U.S. 394, 421-22 , 86 S.Ct. 1545, 1559-60 , 16 L.Ed.2d 642 (1966): When an administrative agency is acting in a judicial capacity and resolves disputed issues of fact properly before it which the parties have had an adequate opportunity to litigate, the courts have not hesitated to apply res judicata to enforce repose. | 1 | 1997–1997 |
Ex Parte Tarver
green
2 sentences1997Indeed, Benard was written long before our opinion in Ex parte Tarver, supra, which delineated a functional test to determine the appropriate extension of the collateral estoppel doctrine. 1997Indeed, Benard was written long before our opinion in Ex parte Tarver, supra, which delineated a functional test to determine the appropriate extension of the collateral estoppel doctrine. | 1 | 1997–1997 |
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.
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.