Moreno motion (Texas) · Go Syfert
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Moreno motion in Texas

16 Texas opinions name it 3 courts 1978–2022 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 (14)

CaseFollowedCited
Doggett v. United Statesgreen
scotus · 1992 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022See Balderas, 517 S.W.3d at 768 (noting that more neutral reasons for delay, such as negligence or crowded dockets, weigh “less heavily” against State); see also Doggett, 505 U.S. at 657 (instructing that “the weight [courts] assign to official negligence compounds over time as the presumption of evidentiary prejudice grows,” and that “toleration of such negligence varies inversely with its protractedness”).

11
Dragoo v. Stategreen
texcrimapp · 2003 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022See Dragoo, 96 S.W.3d at 315 (noting that, because defendant was incarcerated for murder during “most of the time” unlawful 7 At the hearing on Moreno’s motion to set aside the indictment, no testimony was presented concerning Moreno’s incarceration after being released on parole, but defense counsel represented during argument that Moreno spent “a little over a week to ten days” in jail before he was able to post bond in January 2019. 8 We note that the trial court found that Moreno’s motion for bail reduction was denied in August 2012 and concluded that Moreno “is already under significant r

11
Gonzales v. Stategreen
texcrimapp · 2014 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022See Gonzales, 435 S.W.3d at 811 . 18 In considering the weight to assign this factor, we note the trial court did not find any deliberate attempt on the part of the State to prejudice Moreno’s defense, concluding instead that the State “simply failed to prosecute this case.” The record supports this conclusion.

11
Balderas v. Stategreen
texcrimapp · 2016 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022See Balderas, 517 S.W.3d at 768 (noting that more neutral reasons for delay, such as negligence or crowded dockets, weigh “less heavily” against State); see also Doggett, 505 U.S. at 657 (instructing that “the weight [courts] assign to official negligence compounds over time as the presumption of evidentiary prejudice grows,” and that “toleration of such negligence varies inversely with its protractedness”).

11
Barker v. Wingogreen
scotus · 1972 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022See id.

11
Word of Faith World Outreach Center Church, Inc. v. Oechsnergreen
texapp · 1984 · cited in 1 Texas opinions naming this issue, 2021–2021
2 sentences

2021See id.

2021See id.

11
Tthr Limited Partnership D/B/A Presbyterian Hospital of Denton v. Claudia Moreno, Individually and as Next Friend of F.C., a Minorgreen
tex · 2013 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018Moreno at 43, 44 .

11
In Re Cohengreen
texapp · 2011 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Reyna further argued that Moreno’s plea to establish and foreclose on an equitable purchaser’s lien is not a sufficient direct interest in the property to qualify for a lis pendens, citing the decision in In re Cohen, 340 S.W.3d 889, 899 (Tex. App.—Houston [1st Dist.] 2011, orig. proceeding).

11
Ex Parte Jose Morenogreen
texapp · 2012 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See id.

11
Laidlaw Waste Systems (Dallas), Inc. v. City of Wilmergreen
tex · 1995 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010Laidlaw Waste Systems (Dallas), Inc. v. City of Wilmer, 904 S.W.2d 656, 660 (Tex.1995) (pleadings are not competent evidence, even if sworn or verified); Hidalgo v. Surety Sav. & Loan Ass’n, 462 S.W.2d 540, 545 (Tex.1971) (pleadings, even if sworn, are not summary judgment evidence).

11
Hidalgo v. Surety Savings and Loan Associationgreen
tex · 1971 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010Laidlaw Waste Systems (Dallas), Inc. v. City of Wilmer, 904 S.W.2d 656, 660 (Tex.1995) (pleadings are not competent evidence, even if sworn or verified); Hidalgo v. Surety Sav. & Loan Ass’n, 462 S.W.2d 540, 545 (Tex.1971) (pleadings, even if sworn, are not summary judgment evidence).

11
Garner v. Fidelity Bank N.A.green
texapp · 2008 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010Id.; see also Gamer, 244 S.W.3d at 858 .

11
Renteria v. Stategreen
texcrimapp · 2006 · cited in 1 Texas opinions naming this issue, 2007–2007
1 sentence

2007See Renteria , 206 S.W.3d at 699; Vasquez , 67 S.W.3d at 240 ; Heiselbetz , 906 S.W.2d at 512.

11
Heiselbetz v. Stategreen
texcrimapp · 1995 · cited in 1 Texas opinions naming this issue, 2007–2007
1 sentence

2007See Renteria , 206 S.W.3d at 699; Vasquez , 67 S.W.3d at 240 ; Heiselbetz , 906 S.W.2d at 512.

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 (12)

CaseCitedYears
TTHR Limited Partnership D/B/A Presbyterian Hospital of Denton v. Claudia Moreno, Individually and as Next Friend of Freddy Coronado, a Minor green
texapp · 2011
2 sentences

2015Given that determina- Presbyterian is vicariously liable for the doctors' tion, we do not address whether the court of appeals negligence. 401 S.W.3d 163 .

2013The court of appeals affirmed as to the adequacy of the reports regarding Moreno’s claim that Presbyterian is vicariously liable for the doctors’ negligence. 401 S.W.3d 163 .

22013–2015
Zamorano v. State green
texcrimapp · 2002
1 sentence

2022The State argues that it “accounted for this delay by citing limited time and resources,” but overcrowded courts and dockets are not a valid reason for a delay and should be counted against the State because the “ultimate responsibility for such circumstances must rest with the government rather than with the defendant.” See Zamorano, 84 S.W.3d at 649 ; Shaw, 117 S.W.3d at 890 ; see also Barker, 407 U.S at 538 (White, J., concurring) (observing that “unreasonable delay in run-of-the-mill criminal cases cannot be justified by simply asserting that the public resources provided by the State’s cr

12022–2022
Shaw v. State green
texcrimapp · 2003
1 sentence

2022The State argues that it “accounted for this delay by citing limited time and resources,” but overcrowded courts and dockets are not a valid reason for a delay and should be counted against the State because the “ultimate responsibility for such circumstances must rest with the government rather than with the defendant.” See Zamorano, 84 S.W.3d at 649 ; Shaw, 117 S.W.3d at 890 ; see also Barker, 407 U.S at 538 (White, J., concurring) (observing that “unreasonable delay in run-of-the-mill criminal cases cannot be justified by simply asserting that the public resources provided by the State’s cr

12022–2022
McClintock, Bradley Ray green
texcrimapp · 2017
1 sentence

2020Indeed, that Angeles had to add information to the affidavit before Judge Wahlberg would sign the warrant supports our conclusions that a reasonable officer would have believed that probable cause was supplied by the resulting affidavit and that Angeles relied on the warrant in good faith. 9 Massi, 761 F.3d at 528 (quoting McClintock, 541 S.W.3d at 71 ). 6 Because we find Angeles relied in good faith on the warrant, we find no abuse of discretion in the trial court’s denial of Moreno’s motion to suppress.

12020–2020
United States v. Matthew Massi green
ca5 · 2014
1 sentence

2020Indeed, that Angeles had to add information to the affidavit before Judge Wahlberg would sign the warrant supports our conclusions that a reasonable officer would have believed that probable cause was supplied by the resulting affidavit and that Angeles relied on the warrant in good faith. 9 Massi, 761 F.3d at 528 (quoting McClintock, 541 S.W.3d at 71 ). 6 Because we find Angeles relied in good faith on the warrant, we find no abuse of discretion in the trial court’s denial of Moreno’s motion to suppress.

12020–2020
State v. Moreno green
texapp · 2009
1 sentence

2016Id. at 522 .

12016–2016
Ex Parte Moreno green
texcrimapp · 2008
2 sentences

2015Id., at 431 . -8- PRAYER Because Polly is clearly entitled to the 10-year plea offer lost as a result of Aguilar's ineffective assistance of counsel, because this Court either overlooked Claim One of the initial .application, or unreasonably applied the Strickland standard to Claim One, Polly respectfully prays the Court will find he meets each of the four Moreno factors, and grant him reconsider ation of his initial Claim One on the Court's own motion pursuant to Rule 79.2(d), Texas Rules of Appellate Procedure.

2015Id., at 431 . -8- PRAYER Because Polly is clearly entitled to the 10-year plea offer lost as a result of Aguilar's ineffective assistance of counsel, because this Court either overlooked Claim One of the initial .application, or unreasonably applied the Strickland standard to Claim One, Polly respectfully prays the Court will find he meets each of the four Moreno factors, and grant him reconsider ation of his initial Claim One on the Court's own motion pursuant to Rule 79.2(d), Texas Rules of Appellate Procedure.

12015–2015
State v. Moreno green
texapp · 2008
1 sentence

2009Your motion’s granted.” After the judge granted the motion, the prosecutor said, “But, Your Honor, have we – – we have met elements of the offense.” The judge responded, “I don’t think you did.” A few days later, the judge signed an order granting Moreno’s motion for “a Directed Verdict.” The judge granted the motion “after due consideration of said motion, having heard all of the evidence and arguments of counsel,” and then the judge “dismissed [the cause] with Prejudice.” The State appealed the trial judge’s order to the Corpus Christi Court of Appeals.2 The State argued that the judge could

12009–2009
Vasquez v. State green
texcrimapp · 2002
1 sentence

2007See Renteria , 206 S.W.3d at 699; Vasquez , 67 S.W.3d at 240 ; Heiselbetz , 906 S.W.2d at 512.

12007–2007
Mossler v. Shields green
tex · 1991
2 sentences

1992The Texas Supreme Court recently construed that this statute does not contradict State or public policy by prescribing a definite one-year limitations period for bringing forth proof of an actual informal marriage in Mossier v. Shields, 818 S.W.2d 752 (Tex.1991).

1992The Texas Supreme Court recently construed that this statute does not contradict State or public policy by prescribing a definite one-year limitations period for bringing forth proof of an actual informal marriage in Mossier v. Shields, 818 S.W.2d 752 (Tex.1991).

11992–1992
Sonderup v. State green
texcrimapp · 1967
1 sentence

1986Under article 36.09, severance is not a matter of right, but is addressed to the sound discretion of the trial court, Sonderup v. State, 418 S.W.2d 807 (Tex.Crim.App.1967), unless one defendant has no prior admissible convictions, and a co-defendant has one or more prior admissible convictions.

11986–1986
Liberty Mutual Insurance Co. v. Heard & Jones Drug Stores, Inc. neutral
texapp · 1969
1 sentence

1978Liberty Mutual Insurance Company v. Heard & Jones Drug Stores, Inc., 446 S.W.2d 911 (Tex.Civ.App.—Amarillo 1969, no writ).

11978–1978

Where else courts name it

TX 16 (1978–2022) CA 8 (1999–2024) GA 2 (1995–2010) IL 2 (1994–2015) AZ 2 (2008–2026)

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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