objective reasonable person standard (Texas) · Go Syfert
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objective reasonable person standard in Texas

16 Texas opinions name it 2 courts 2001–2024 1 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 (5)

CaseFollowedCited
Whitehead v. Stategreen
texcrimapp · 2008 · cited in 6 Texas opinions naming this issue, 2013–2015
2 sentences

2015We abate this appeal and remand this cause for a new hearing, with instructions to address whether, under an objective reasonable-person standard, Judge Mills (1) was disqualified as an interested party, see Whitehead, 273 S. W.3d at 286 , or (2) should have been recused because his impartiality might reasonably be questioned, see Tex. R.

2015We abate this appeal and remand this cause for a new hearing, with instructions to address whether, under an objective reasonable-person standard, Judge Mills (1) was disqualified as an interested party, see Whitehead, 273 S.W.3d at 286 , or (2) should have been recused because his impartiality might reasonably be questioned, see Tex. R.

66
Ex Parte Ellisgreen
texapp · 2008 · cited in 4 Texas opinions naming this issue, 2013–2015
2 sentences

2015"The objective reasonable-person standard for disqualification" as an injured party is "identical to the 7 objective reasonable-person standard for recusal under rule 18b(b)( 1)." Id. (comparing Whitehead, 273 S.W.3d at 286 , with Ex parte Ellis, 275 S.W.3d 109, 115-17 (Tex. App.-Austin 2008, no pet.».

2015"The objective reasonable-person standard for disqualification" as an injured party is "identical to the 7 objective reasonable-person standard for recusal under rule 18b(b)( 1)." Id. (comparing Whitehead, 273 S.W.3d at 286 , with Ex parte Ellis, 275 S.W.3d 109, 115-17 (Tex. App.-Austin 2008, no pet.».

44
Sears v. Olivarezgreen
texapp · 2000 · cited in 3 Texas opinions naming this issue, 2014–2015
2 sentences

2015This objective reasonable-person standard "is concerned not only with actual personal or pecuniary interests, but also the appearance of impartiality." Fuelberg, 410 S.W.3d at 509 . "[B]eyond the demand that a judge be impartial is the requirement that a judge appear to be impartial so that no doubts or suspicions exist as to the fairness or integrity ofthe court." Sears v. Olivarez, 28 S.W.3d 611, 614 (Tex. App.-Corpus Christi 2000, no pet.); see also Rogers v. Bradley, 909 S.W.2d 872, 873 (Tex. 1995) ("Declaration of Recusal" by Gammage, J.) (noting that issue is one of perception).

2015This objective reasonable-person standard "is concerned not only with actual personal or pecuniary interests, but also the appearance of impartiality." Fuelberg, 410 S.W.3d at 509 . "[B]eyond the demand that a judge be impartial is the requirement that a judge appear to be impartial so that no doubts or suspicions exist as to the fairness or integrity ofthe court." Sears v. Olivarez, 28 S.W.3d 611, 614 (Tex. App.-Corpus Christi 2000, no pet.); see also Rogers v. Bradley, 909 S.W.2d 872, 873 (Tex. 1995) ("Declaration of Recusal" by Gammage, J.) (noting that issue is one of perception).

33
Rogers v. Bradleygreen
tex · 1995 · cited in 3 Texas opinions naming this issue, 2014–2015
2 sentences

2015This objective reasonable-person standard "is concerned not only with actual personal or pecuniary interests, but also the appearance of impartiality." Fuelberg, 410 S.W.3d at 509 . "[B]eyond the demand that a judge be impartial is the requirement that a judge appear to be impartial so that no doubts or suspicions exist as to the fairness or integrity ofthe court." Sears v. Olivarez, 28 S.W.3d 611, 614 (Tex. App.-Corpus Christi 2000, no pet.); see also Rogers v. Bradley, 909 S.W.2d 872, 873 (Tex. 1995) ("Declaration of Recusal" by Gammage, J.) (noting that issue is one of perception).

2015This objective reasonable-person standard "is concerned not only with actual personal or pecuniary interests, but also the appearance of impartiality." Fuelberg, 410 S.W.3d at 509 . "[B]eyond the demand that a judge be impartial is the requirement that a judge appear to be impartial so that no doubts or suspicions exist as to the fairness or integrity ofthe court." Sears v. Olivarez, 28 S.W.3d 611, 614 (Tex. App.-Corpus Christi 2000, no pet.); see also Rogers v. Bradley, 909 S.W.2d 872, 873 (Tex. 1995) ("Declaration of Recusal" by Gammage, J.) (noting that issue is one of perception).

33
Watson, Crystal Michellegreen
texcrimapp · 2012 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024“There is also a reasonable-person element to the mens rea required for the offense, criminal negligence, which involves ‘a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.’” Watson v. State, 369 S.W.3d 865, 871 (Tex. Crim.

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 (4)

CaseCitedYears
Wal-Mart Stores, Inc. v. Alexander green
tex · 1994
2 sentences

2004Id. at 326 .

2004Id. at 326 .

62001–2004
Bennie Fuelberg v. State green
texapp · 2013
2 sentences

2015However, we remanded the case to Judge Richardson to determine "whether, under an objective reasonable-person standard, Judge Mills (1) was disqualified as an interested party ... or (2) should have been recused because his impartiality might reasonably be questioned." Id. at 511 (citing Whitehead v. State, 273 S.W.3d285, 286 (Tex. Crim.

2015This objective reasonable-person standard "is concerned not only with actual personal or pecuniary interests, but also the appearance of impartiality." Fuelberg, 410 S.W.3d at 509 . "[B]eyond the demand that a judge be impartial is the requirement that a judge appear to be impartial so that no doubts or suspicions exist as to the fairness or integrity ofthe court." Sears v. Olivarez, 28 S.W.3d 611, 614 (Tex. App.-Corpus Christi 2000, no pet.); see also Rogers v. Bradley, 909 S.W.2d 872, 873 (Tex. 1995) ("Declaration of Recusal" by Gammage, J.) (noting that issue is one of perception).

32014–2015
Transportation Insurance Co. v. Moriel red
tex · 1994
2 sentences

2009Moriel, 879 S.W.2d at 22 .

2001Id.

22001–2009
Colyer, Wilkie Schell Jr. green
texcrimapp · 2014
1 sentence

2015Colyer, 428 S.W.3d at 129 .

12015–2015

Statutes the citing opinions construe

TX § Tex. Penal Code § 31.03 (6) TX § Tex. Util. Code § 161.059 (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

TX 16 (2001–2024) CA 12 (1990–2026) WI 9 (1996–2020) PA 8 (1992–2022) IL 8 (1994–2026) CO 7 (2002–2016) AK 5 (1980–1995) NJ 5 (1988–2025) WA 4 (2019–2026) DC 4 (1992–1992) OH 4 (2001–2018) AR 4 (2002–2025) IN 4 (2005–2017) DE 3 (2007–2025) FL 3 (2009–2025) NC 3 (2009–2017) MA 2 (1987–1998) OR 2 (2010–2020) SD 2 (2000–2005) MI 2 (2004–2019) NH 2 (1984–1988) VA 2 (2003–2007)

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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