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16 Texas opinions name it 2 courts 1993–2025 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.
| Case | Followed | Cited |
|---|---|---|
People v. Caballerogreen2 sentences2015In Caballero, the California Supreme Court remanded 3 Because the record reflects that the trial court did not prevent the presentation of further evidence and because Appellant has not raised an issue on appeal identifying any exclusion of probative evidence necessary for the trial court’s determination, we do not need to decide whether an evidentiary hearing is required or what evidence, if any, might be necessary for resolution of a motion to cumulate sentences. 10 for a new sentencing hearing, when multiple convictions for attempted murder arose from one criminal episode and reached an agg 2014In Caballero, the California Supreme Court remanded for a new sentencing hearing, when multiple convictions for attempted murder arose from one criminal episode and reached an aggregate minimum sentence of 110 years. 145 Cal.Rptr.3d 286 , 282 P.3d at 295, 296 . | 2 | 2 |
Brosseau v. Haugengreen2 sentences2022See Brosseau v. Haugen, 543 U.S. 194, 199 (2004). 2022See Brosseau v. Haugen, 543 U.S. 194, 199 (2004). | 1 | 1 |
DeLeon v. Stategreen1 sentence2019App. 1974); DeLeon v. State, 322 S.W.3d 375, 383 (Tex. App.—Houston [14th Dist.] 2010, pet. ref’d). 4 We conclude the trial court erred by failing to sustain Graham’s objection to the prosecutor’s question and should not have allowed the jury to hear the detective express an opinion on Graham’s guilt. 9 Nonetheless, we must also decide whether the error was harmful. | 1 | 1 |
Fairow v. Stategreen1 sentence2019Defendants appealing convictions claiming evidentiary errors occurred must show the error affected the defendant’s substantial rights before they are entitled to another trial.10 And errors in admitting evidence generally will not affect a defendant’s substantial rights if the reviewing court, after examining the record as a whole, has “fair assurance that the error did not have a substantial and injurious effect or influence in determining the jury’s verdict.”11 Factors the reviewing court considers in reviewing non-constitutional errors include “the nature of the evidence supporting the verd | 1 | 1 |
Whirlpool Corp. v. Camachogreen1 sentence2012See Camacho, 298 S.W.3d at 638 ; see also Wal-Mart Stores, 968 S.W.2d at 937-38 . | 1 | 1 |
Ernst & Young, L.L.P. v. Pacific Mutual Life Insurance Co.green1 sentence2012See Ernst & Young, 51 S.W.3d at 583 (because conspiracy and “aiding and abetting” claims were premised on the alleged fraud, summary judgment on the remaining claims was proper); see also RTLC AG Products, Inc. v. Treatment Equip. | 1 | 1 |
Wal-Mart Stores, Inc. v. Gonzalezgreen1 sentence2012See Camacho, 298 S.W.3d at 638 ; see also Wal-Mart Stores, 968 S.W.2d at 937-38 . | 1 | 1 |
Mote Resources, Inc. v. Railroad Commissiongreen1 sentence1994Texas Bd. of Pardons & Paroles v. Graham, No. 3-93-421-CV (Tex.App.—Austin Aug. 13, 1993, no writ) (not designated for publication); see Tex. R.App.P. 43(c); Lamar Builders, Inc. v. Guardian Sav. & Loan Ass’n, 786 S.W.2d 789, 790 (Tex.App.—Houston [1st Dist.] 1990, no writ); see also Tex.Gov’t Code Ann. § 22.-221(a) (West 1988); Mote Resources, Inc. v. Railroad Comm’n, 618 S.W.2d 877, 878-79 (Tex.App.—Austin 1981, orig. proceeding). | 1 | 1 |
Lamar Builders, Inc. v. Guardian Savings & Loan Ass'ngreen1 sentence1994Texas Bd. of Pardons & Paroles v. Graham, No. 3-93-421-CV (Tex.App.—Austin Aug. 13, 1993, no writ) (not designated for publication); see Tex. R.App.P. 43(c); Lamar Builders, Inc. v. Guardian Sav. & Loan Ass’n, 786 S.W.2d 789, 790 (Tex.App.—Houston [1st Dist.] 1990, no writ); see also Tex.Gov’t Code Ann. § 22.-221(a) (West 1988); Mote Resources, Inc. v. Railroad Comm’n, 618 S.W.2d 877, 878-79 (Tex.App.—Austin 1981, orig. proceeding). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jackson v. Virginia
red
2 sentences1996Id. at 399 . 1996Id. at 399 . | 2 | 1996–1996 |
Cannon v. State
green
1 sentence2025His remaining ineffectiveness claims are raised for the first time on appeal.2 Although ineffective-assistance claims may be brought on direct appeal, Cannon v. State, 252 S.W.3d 342 , 347 n.6 (Tex. Crim. | 1 | 2025–2025 |
In re: Texas Farm Bureau Underwriters
green
1 sentence2015Id. | 1 | 2015–2015 |
In Re Hammond
green
1 sentence2015Ex Parte Werblud, 536 S.W.2d 542 (Tex. 1976); In re Hammond, 155 S.W.3d 222 (Tex. App. El Paso 2004) gg. | 1 | 2015–2015 |
Ex Parte Werblud
green
1 sentence2015Ex Parte Werblud, 536 S.W.2d 542 (Tex. 1976); In re Hammond, 155 S.W.3d 222 (Tex. App. El Paso 2004) gg. | 1 | 2015–2015 |
Meadoux v. State
green
1 sentence2011Id. at 195 . | 1 | 2011–2011 |
Hawkins v. State
green
2 sentences2008Webb, 232 S.W.3d at 112 ; Hawkins, 135 S.W.3d at 76-77 . 2008Webb, 232 S.W.3d at 112 ; Hawkins, 135 S.W.3d at 76-77 . | 1 | 2008–2008 |
Webb v. State
green
2 sentences2008Webb, 232 S.W.3d at 112 ; Hawkins, 135 S.W.3d at 76-77 . 2008Webb, 232 S.W.3d at 114 . | 1 | 2008–2008 |
Drew v. State
green
2 sentences1994I draw more support for my argument that Graham's claim is not suitable for state habeas from this Court's previous discussions of the nature of a claim of "newly discovered evidence." In Drew v. State, 743 S.W.2d 207 (Tex.Cr.App.1987), this Court decided that a claim of newly discovered evidence will prevail only if, "The materiality of the evidence is such as would probably bring about a different result in another trial." Drew v. State , at 226; and cases cited therein. 1994I would hold they are not properly advanced in state habeas proceedings. • I draw more support for my argument that Graham’s claim is not suitable for state habe-as from this Court’s previous discussions of the nature of a claim of “newly discovered evidence.” In Drew v. State, 743 S.W.2d 207 (Tex.Cr.App.1987), this Court decided that a claim of newly discovered evidence will prevail only if, “The materiality of the evidence is such as would probably bring about a different result in another trial.” Drew v. State, at 226; and cases cited therein. | 1 | 1994–1994 |
Ex Parte Bravo
green
2 sentences1994After the majority assumed that Graham's Fourteenth Amendment rights were violated in the instant cause (an assumption I cannot agree with), the majority holds that Ex Parte Bravo, 702 S.W.2d 189 (Tex.Cr.App.1982) (on rehearing) controls. 1994After the majority assumed that Graham’s Fourteenth Amendment rights were violated in the instant cause (an assumption I cannot agree with), the majority holds that Ex Parte Bravo, 702 S.W.2d 189 (Tex.Cr.App.1982) (on rehearing) controls. | 1 | 1994–1994 |
Ex Parte Binder
green
2 sentences1994Actual innocence is merely the conclusion which he hopes a tribunal will reach upon review of his "newly discovered evidence." Graham readily admits that a claim of newly discovered evidence, as this Court ruled in Ex Parte Binder, 660 S.W.2d 103 (Tex.Cr.App.1983), is not a fit subject for the exercise of state habeas corpus powers. 1994However, I am disturbed that the majority's apparent regard for stare decisis is so slight that it would reach out to upset, to whatever "extent" it is inconsistent with its advisory opinion (I cannot tell), a holding as well established as Ex parte Binder, 660 S.W.2d 103 (Tex.Cr.App.1983). | 1 | 1994–1994 |
Teague v. Lane
green
2 sentences1993Because Graham’s claim was presented in a federal petition for habeas corpus, however, the Court was confronted with the threshold question whether a holding that the Eighth Amendment requires an additional instruction to accommodate the full mitigating effect of evidence of youth would constitute the announcement of a “new rule,” something the Court has declined to do in federal habeas corpus appeals since its decision in Teague v. Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989). 1993Because Graham’s claim was presented in a federal petition for habeas corpus, however, the Court was confronted with the threshold question whether a holding that the Eighth Amendment requires an additional instruction to accommodate the full mitigating effect of evidence of youth would constitute the announcement of a “new rule,” something the Court has declined to do in federal habeas corpus appeals since its decision in Teague v. Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989). | 1 | 1993–1993 |
State Ex Rel. Holmes v. Third Court of Appeals of Texas
green
2 sentences1993Holmes, Jr. and Texas Board of Pardons and Paroles, Et Al. v. The Honorable Court of Appeals for the Third District, 860 S.W.2d 873 (Tex.Crim.App.1993), Graham's claim for relief under Art. 11.07 would be based on the procedures for obtaining clemency outlined in Chapter 143 in Title 37 of the Texas Administrative Code. 1993Holmes, Jr. and Texas Board of Pardons and Paroles, Et Al. v. The Honorable Court of Appeals for the Third District, 860 S.W.2d 873 (Tex.Crim.App.1993), Graham’s claim for relief under Art. 11.07 would be based on the procedures for obtaining clemency outlined in Chapter 143 in Title 37 of the Texas Administrative Code. | 1 | 1993–1993 |
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.