retrospective inquiry (Texas) · Go Syfert
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retrospective inquiry in Texas

16 Texas opinions name it 3 courts 1980–2021 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 (3)

CaseFollowedCited
State v. Public Utility Com'n of Texasgreen
tex · 1994 · cited in 8 Texas opinions naming this issue, 2003–2014
2 sentences

2011“Restated, the rule prohibits a utility commission from making a retrospective inquiry to determine whether a prior rate was reasonable and imposing a surcharge when rates were too low or a refund when rates were too high.” Id.

2011"Restated, the rule prohibits a utility commission from making a retrospective inquiry to determine whether a prior rate was reasonable and imposing a surcharge when rates were too low or a refund when rates were too high." Id.

48
Gulf States Utilities Co. v. Public Utility Commissiongreen
texapp · 1992 · cited in 2 Texas opinions naming this issue, 2018–2021
2 sentences

2021Comm’n of Tex., 841 S.W.2d 459, 476 (Tex. App.— Austin 1992, writ. denied)). 35 Id. 8 constitute a retrospective analysis of whether continued construction of the Turk Plant” was prudent—the testimony was factual, not analytical. 36 We granted review.

2021Comm’n of Tex., 841 S.W.2d 459, 476 (Tex. App.— Austin 1992, writ. denied)). 35 Id. 8 constitute a retrospective analysis of whether continued construction of the Turk Plant” was prudent—the testimony was factual, not analytical. 36 We granted review.

22
Brandon v. Stategreen
texcrimapp · 1980 · cited in 2 Texas opinions naming this issue, 1985–2015
2 sentences

1985See n. 17, ante. [2] Compare Brandon v. State, 599 S.W.2d 567 (Tex.Cr.App.1980) wherein, upon finding that a retrospective hearing to determine defendant's competency to stand trial was feasible, this Court resolved all grounds of error pertaining to the actual trial on the merits, but abated the cause for such retrospective competency hearing.

1985Compare Brandon v. State, 599 S.W.2d 567 (Tex.Cr.App.1980) wherein, upon finding that a retrospective hearing to determine defendant’s competency to stand trial was feasible, this Court resolved all grounds of error pertaining to the actual trial on the merits, but abated the cause for such retrospective competency hearing.

22

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 (9)

CaseCitedYears
Centerpoint Energy Entex v. Railroad Commission green
texapp · 2006
2 sentences

2011In short, “the rule against retroactive ratemaking only requires that [utilities], the Commission, and courts abide by an administrative determination that a particular rate is just and reasonable.” CenterPoint Energy Entex, 208 S.W.3d at 623 .

2011In short, "the rule against retroactive ratemaking only requires that [utilities], the Commission, and courts abide by an administrative determination that a particular rate is just and reasonable." CenterPoint Energy Entex , 208 S.W.3d at 623 .

32011–2011
State v. McRae procedural
nc · 2004
1 sentence

2015Id.

12015–2015
Greene v. State green
texapp · 2007
1 sentence

2015Following rehearing, the Court trial in the interest of justice; defendant's fluctuat of Appeals, 225 S.W.3d 324 , determined that the ing mental condition made it impracticable for trial trial court abused its discretion by not conducting court to conduct a retrospective inquiry into de an informal inquiry into defendant's competency fendant's competency to stand trial in a timely or during guilt/innocence phase of trial, abated appeal, judicially efficient manner, almost three years had and remanded. passed since defendant's conviction, and he had yet to maintain a level of competence suffic

12015–2015
Drope v. Missouri green
scotus · 1975
2 sentences

2014Filed: March 19, 2014 Publish 18 As the Supreme Court delicately put it, Drope’s absence “was due to an act which suggests a rather substantial degree of mental instability contemporaneous with the trial.” Id. at 181 . 19 Id. at 182 .

2014Filed: March 19, 2014 Publish 18 As the Supreme Court delicately put it, Drope’s absence “was due to an act which suggests a rather substantial degree of mental instability contemporaneous with the trial.” Id. at 181 . 19 Id. at 182 .

12014–2014
United States Postal Service Board of Governors v. Aikens green
scotus · 1981
2 sentences

1985The judgment in Brandon was subsequently vacated on another point, 453 U.S. 902 , 101 S.Ct. 3134 , 69 L.Ed.2d 988 (1981). [1] The majority in its original opinion stated: "We also granted appellant's petition in order to review the judgment of the court of appeals insofar as it pertained to purported error in the trial court's disposition of appellant's motion for new trial." Actually our grant was much narrower than indicated by the majority.

1985The judgment in Brandon was subsequently vacated on another point, 453 U.S. 902 , 101 S.Ct. 3134 , 69 L.Ed.2d 988 (1981).

11985–1985
James v. Ford Motor Credit Co. green
scotus · 1981
2 sentences

1985The judgment in Brandon was subsequently vacated on another point, 453 U.S. 902 , 101 S.Ct. 3134 , 69 L.Ed.2d 988 (1981). [1] The majority in its original opinion stated: "We also granted appellant's petition in order to review the judgment of the court of appeals insofar as it pertained to purported error in the trial court's disposition of appellant's motion for new trial." Actually our grant was much narrower than indicated by the majority.

1985The judgment in Brandon was subsequently vacated on another point, 453 U.S. 902 , 101 S.Ct. 3134 , 69 L.Ed.2d 988 (1981).

11985–1985
Ex Parte Harris green
texcrimapp · 1980
1 sentence

1981On January 23, 1980, this Court considered petitioner’s writ of habeas corpus and ordered that a retrospective competence hearing be held. 592 S.W.2d 624 (Tex.Cr.App.) On April 23, 1980, the retrospective hearing was held, and the jury found petitioner competent at the time of the 1973 trial.

11981–1981
Ex Parte Winfrey green
texcrimapp · 1979
1 sentence

1981Ex parte Winfrey, 581 S.W.2d 698 (Tex.Cr.App.1979).

11981–1981
Robert Vernon Bruce v. W. J. Estelle, Director, Texas Department of Corrections green
ca5 · 1976
1 sentence

1980Bruce v. Estelle, 536 F.2d 1051 (5th Cir. 1976), dealt with a retrospective hearing on competency.

11980–1980

Statutes the citing opinions construe

TX § Tex. Util. Code § 15.001 (4) TX § Tex. Lab. Code § 413.011 (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

FL 45 (1986–2026) CA 25 (1984–2026) TX 16 (1980–2021) IL 13 (1998–2023) WI 11 (1988–2024) KS 10 (1923–2026) MS 6 (2012–2023) DC 6 (1976–2015) PA 6 (1979–2022) NY 5 (1982–2011) OH 5 (1991–2022) VA 5 (1993–2024) KY 5 (2001–2020) NC 4 (2004–2020) ID 4 (2015–2017) AZ 3 (1982–2024) MO 3 (2013–2017) NV 2 (2021–2021) LA 2 (1981–2016) OR 2 (1980–2022)

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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