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

16 Texas opinions name it 2 courts 1988–2024 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 (19)

CaseFollowedCited
Santellan v. Stategreen
texcrimapp · 1997 · cited in 3 Texas opinions naming this issue, 2003–2003
2 sentences

2003See also Santellan v. State , 939 S.W.2d 155, 168 (Tex. Crim.

2003See also Santellan v. State , 939 S.W.2d 155, 168 (Tex. Crim.

33
Barker v. Eckmangreen
tex · 2006 · cited in 2 Texas opinions naming this issue, 2012–2012
2 sentences

2012Barker, 213 S.W.3d at 312 (“In order for the discovery rule to apply, the nature of the injury must be inherently undiscoverable.”); see also Via Net U.S. v. TIG Ins.

2012Barker , 213 S.W.3d at 312 ("In order for the discovery rule to apply, the nature of the injury must be inherently undiscoverable."); see also Via Net U.S. v. TIG Ins.

22
Trevino v. Trevinogreen
texapp · 2001 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Trevino v. Trevino, 64 S.W.3d 166, 170 (Tex. App.—San Antonio 2001, no pet.) (trial court implicitly modified docket control order by overruling plaintiff’s motion to strike defendant’s late-filed motion for summary judgment); Ocean Transp., Inc. v. Greycas, Inc., 878 S.W.2d 256, 262 (Tex. App.—Corpus Christi-Edinburg 1994, writ denied) (trial court impliedly modified scheduling order by denying motion to strike expert witnesses and did not abuse its inherent right to change or modify scheduling order); see also Wil-Roye Inv.

11
Ocean Transport, Inc. v. Greycas, Inc.green
texapp · 1994 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Trevino v. Trevino, 64 S.W.3d 166, 170 (Tex. App.—San Antonio 2001, no pet.) (trial court implicitly modified docket control order by overruling plaintiff’s motion to strike defendant’s late-filed motion for summary judgment); Ocean Transp., Inc. v. Greycas, Inc., 878 S.W.2d 256, 262 (Tex. App.—Corpus Christi-Edinburg 1994, writ denied) (trial court impliedly modified scheduling order by denying motion to strike expert witnesses and did not abuse its inherent right to change or modify scheduling order); see also Wil-Roye Inv.

11
Bruni v. Brunigreen
tex · 1996 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024Code § 106.002; Bruni v Bruni, 924 S.W.2d 366, 368 (Tex. 1996) (award of attorneys’ fee is in trial court’s discretion).

11
Villarreal, Rene Danielgreen
texcrimapp · 2015 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023See Villarreal, 453 S.W.3d at 439 . –9– In their arguments to the jury, both sides discussed self-defense and its applicability to this offense.

11
Combs v. Texas Civil Rights Projectgreen
texapp · 2013 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See Combs, 410 S.W.3d at 538 .

11
Dow Chemical Company v. Bentongreen
tex · 1962 · cited in 1 Texas opinions naming this issue, 2016–2016
2 sentences

2016Co. v. Benton, 163 Tex. 477, 481 (1962).

2016See id.

11
Vortt Exploration Co., Inc. v. Chevron USA, Inc.green
tex · 1990 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016Co. v. Chevron U.S.A., Inc., 787 S.W.2d 942, 944 (Tex. 1990). 7 Second, if Grantham had a fee agreement with Russell whereby she assigned a portion of her claim to Grantham to compensate him for his legal services, then his claim for attorneys’ fees is, as a general rule, entirely derivative of Russell’s claim.7 See, e.g., Dow Chem.

11
Wooten, Codiem Renoirgreen
texcrimapp · 2013 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014See id.

11
Young v. Stategreen
texcrimapp · 2004 · cited in 1 Texas opinions naming this issue, 2006–2006
1 sentence

2006Young v. State , 137 S.W.3d 65, 69 (Tex. Crim.

11
State v. Rangelgreen
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003See id. (holding lack of any prejudice outweighs first three Barker factors).

11
Torres v. Stategreen
texapp · 1990 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003See also Santellan v. State, 939 S.W.2d 155, 168 (Tex.Crim.App.1997) (holding extraneous conduct subsequent to the charged offense admissible); Torres v. State, 794 S.W.2d 596, 599 (Tex.App.-Austin 1990, no pet.) (same).

11
Lenox v. Stategreen
texapp · 2001 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002See Lenox, 56 S.W.3d at 664 ; Taylor, 916 S.W.2d at 685 .

11
Hogue v. Stategreen
texcrimapp · 1986 · cited in 1 Texas opinions naming this issue, 1988–1988
1 sentence

1988Cf. White v. State, 543 S.W.2d 104, 106 (Tex.Cr.App.1976), cert. denied, 430 U.S. 988 , 97 S.Ct. 1689 , 52 L.Ed.2d 384 (1977) (Grammatical error in the indictment did not mislead defendant or deny him fair notice of the offense with which he was charged.); Jordan v. State, 707 S.W.2d 641, 644 (Tex.Cr.App.1986); Livingston v. State, 542 S.W.2d 655, 658 (Tex.Cr.App.1976), cert. denied, 431 U.S. 933 , 97 S.Ct. 2642 , 53 L.Ed.2d 250 (1977) (Ownership of property need not be alleged in a capital murder indictment which alleges the murder occurred during the course of a robbery); Hogue v. State, 711

11
Livingston v. Stategreen
texcrimapp · 1976 · cited in 1 Texas opinions naming this issue, 1988–1988
1 sentence

1988Cf. White v. State, 543 S.W.2d 104, 106 (Tex.Cr.App.1976), cert. denied, 430 U.S. 988 , 97 S.Ct. 1689 , 52 L.Ed.2d 384 (1977) (Grammatical error in the indictment did not mislead defendant or deny him fair notice of the offense with which he was charged.); Jordan v. State, 707 S.W.2d 641, 644 (Tex.Cr.App.1986); Livingston v. State, 542 S.W.2d 655, 658 (Tex.Cr.App.1976), cert. denied, 431 U.S. 933 , 97 S.Ct. 2642 , 53 L.Ed.2d 250 (1977) (Ownership of property need not be alleged in a capital murder indictment which alleges the murder occurred during the course of a robbery); Hogue v. State, 711

11
White v. Stategreen
texcrimapp · 1976 · cited in 1 Texas opinions naming this issue, 1988–1988
1 sentence

1988Cf. White v. State, 543 S.W.2d 104, 106 (Tex.Cr.App.1976), cert. denied, 430 U.S. 988 , 97 S.Ct. 1689 , 52 L.Ed.2d 384 (1977) (Grammatical error in the indictment did not mislead defendant or deny him fair notice of the offense with which he was charged.); Jordan v. State, 707 S.W.2d 641, 644 (Tex.Cr.App.1986); Livingston v. State, 542 S.W.2d 655, 658 (Tex.Cr.App.1976), cert. denied, 431 U.S. 933 , 97 S.Ct. 2642 , 53 L.Ed.2d 250 (1977) (Ownership of property need not be alleged in a capital murder indictment which alleges the murder occurred during the course of a robbery); Hogue v. State, 711

11
Jordan v. Stategreen
texcrimapp · 1986 · cited in 1 Texas opinions naming this issue, 1988–1988
1 sentence

1988Cf. White v. State, 543 S.W.2d 104, 106 (Tex.Cr.App.1976), cert. denied, 430 U.S. 988 , 97 S.Ct. 1689 , 52 L.Ed.2d 384 (1977) (Grammatical error in the indictment did not mislead defendant or deny him fair notice of the offense with which he was charged.); Jordan v. State, 707 S.W.2d 641, 644 (Tex.Cr.App.1986); Livingston v. State, 542 S.W.2d 655, 658 (Tex.Cr.App.1976), cert. denied, 431 U.S. 933 , 97 S.Ct. 2642 , 53 L.Ed.2d 250 (1977) (Ownership of property need not be alleged in a capital murder indictment which alleges the murder occurred during the course of a robbery); Hogue v. State, 711

11
Morin v. Stategreen
texcrimapp · 1983 · cited in 1 Texas opinions naming this issue, 1988–1988
1 sentence

1988Cf. White v. State, 543 S.W.2d 104, 106 (Tex.Cr.App.1976), cert. denied, 430 U.S. 988 , 97 S.Ct. 1689 , 52 L.Ed.2d 384 (1977) (Grammatical error in the indictment did not mislead defendant or deny him fair notice of the offense with which he was charged.); Jordan v. State, 707 S.W.2d 641, 644 (Tex.Cr.App.1986); Livingston v. State, 542 S.W.2d 655, 658 (Tex.Cr.App.1976), cert. denied, 431 U.S. 933 , 97 S.Ct. 2642 , 53 L.Ed.2d 250 (1977) (Ownership of property need not be alleged in a capital murder indictment which alleges the murder occurred during the course of a robbery); Hogue v. State, 711

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 (8)

CaseCitedYears
Strickland v. Washington green
scotus · 1984
2 sentences

2003We evaluate a claim of ineffective assistance of counsel according to the two-prong test established by the Supreme Court in Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

2003We evaluate a claim of ineffective assistance of counsel according to the two-prong test established by the Supreme Court in Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

12003–2003
Taylor v. State green
texapp · 1996
1 sentence

2002See Lenox, 56 S.W.3d at 664 ; Taylor, 916 S.W.2d at 685 .

12002–2002
Alexander v. Russell green
tex · 1985
1 sentence

1998Id. at 209-210 n. 1.

11998–1998
Edwards v. Arizona green
scotus · 1981
2 sentences

1995In Davis all nine justices agreed that an ambiguous request for counsel does not invoke Edwards v. Arizona, 451 U.S. 477 , 101 S.Ct. 1880 , 68 L.Ed.2d 378 (1981), which held that questioning must cease if the suspect asks for a lawyer.

1995In Davis all nine justices agreed that an ambiguous request for counsel does not invoke Edwards v. Arizona, 451 U.S. 477 , 101 S.Ct. 1880 , 68 L.Ed.2d 378 (1981), which held that questioning must cease if the suspect asks for a lawyer.

11995–1995
Hill v. Mississippi green
scotus · 1977
1 sentence

1988Cf. White v. State, 543 S.W.2d 104, 106 (Tex.Cr.App.1976), cert. denied, 430 U.S. 988 , 97 S.Ct. 1689 , 52 L.Ed.2d 384 (1977) (Grammatical error in the indictment did not mislead defendant or deny him fair notice of the offense with which he was charged.); Jordan v. State, 707 S.W.2d 641, 644 (Tex.Cr.App.1986); Livingston v. State, 542 S.W.2d 655, 658 (Tex.Cr.App.1976), cert. denied, 431 U.S. 933 , 97 S.Ct. 2642 , 53 L.Ed.2d 250 (1977) (Ownership of property need not be alleged in a capital murder indictment which alleges the murder occurred during the course of a robbery); Hogue v. State, 711

11988–1988
Owens v. Meanor green
scotus · 1977
1 sentence

1988Cf. White v. State, 543 S.W.2d 104, 106 (Tex.Cr.App.1976), cert. denied, 430 U.S. 988 , 97 S.Ct. 1689 , 52 L.Ed.2d 384 (1977) (Grammatical error in the indictment did not mislead defendant or deny him fair notice of the offense with which he was charged.); Jordan v. State, 707 S.W.2d 641, 644 (Tex.Cr.App.1986); Livingston v. State, 542 S.W.2d 655, 658 (Tex.Cr.App.1976), cert. denied, 431 U.S. 933 , 97 S.Ct. 2642 , 53 L.Ed.2d 250 (1977) (Ownership of property need not be alleged in a capital murder indictment which alleges the murder occurred during the course of a robbery); Hogue v. State, 711

11988–1988
White v. Texas green
scotus · 1977
1 sentence

1988Cf. White v. State, 543 S.W.2d 104, 106 (Tex.Cr.App.1976), cert. denied, 430 U.S. 988 , 97 S.Ct. 1689 , 52 L.Ed.2d 384 (1977) (Grammatical error in the indictment did not mislead defendant or deny him fair notice of the offense with which he was charged.); Jordan v. State, 707 S.W.2d 641, 644 (Tex.Cr.App.1986); Livingston v. State, 542 S.W.2d 655, 658 (Tex.Cr.App.1976), cert. denied, 431 U.S. 933 , 97 S.Ct. 2642 , 53 L.Ed.2d 250 (1977) (Ownership of property need not be alleged in a capital murder indictment which alleges the murder occurred during the course of a robbery); Hogue v. State, 711

11988–1988
Livingston v. Texas green
scotus · 1977
1 sentence

1988Cf. White v. State, 543 S.W.2d 104, 106 (Tex.Cr.App.1976), cert. denied, 430 U.S. 988 , 97 S.Ct. 1689 , 52 L.Ed.2d 384 (1977) (Grammatical error in the indictment did not mislead defendant or deny him fair notice of the offense with which he was charged.); Jordan v. State, 707 S.W.2d 641, 644 (Tex.Cr.App.1986); Livingston v. State, 542 S.W.2d 655, 658 (Tex.Cr.App.1976), cert. denied, 431 U.S. 933 , 97 S.Ct. 2642 , 53 L.Ed.2d 250 (1977) (Ownership of property need not be alleged in a capital murder indictment which alleges the murder occurred during the course of a robbery); Hogue v. State, 711

11988–1988

Where else courts name it

NC 24 (2003–2022) TX 16 (1988–2024) OH 13 (2002–2026) CA 13 (1970–2023) AL 12 (1997–2023) MS 12 (1988–2017) WA 10 (1982–2025) GA 9 (1994–2021) MN 6 (1993–2012) IN 5 (1981–2015) NE 5 (1992–2016) IL 5 (1959–2025) NY 4 (2012–2022) MI 4 (1986–2016) KY 3 (1923–2026) SC 3 (1998–2025) MT 3 (2008–2014) MA 3 (1999–2023) PA 2 (1985–2018) FL 2 (1984–2014) OK 2 (1979–1998) MO 2 (1979–2016) AR 2 (2013–2025) IA 2 (2019–2022) WY 2 (2021–2024)

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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