burden of defeating presumption (Texas) · Go Syfert
← Texas issues

burden of defeating presumption in Texas

15 Texas opinions name it 2 courts 1997–2023 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
Williams v. Stategreen
texapp · 1997 · cited in 6 Texas opinions naming this issue, 1998–2013
2 sentences

2013But, when “collaterally attacked, the judgments reflecting those convictions are presumed to be regular, and the accused bears the burden of defeating that presumption.” Williams v. State, 946 S.W.2d 886, 900 (Tex. App.—Waco 1997, no pet.).

2008Williams v. State , 946 S.W.2d 886, 900 (Tex.App.--Waco 1997, no pet.).

66
Swanson v. Stategreen
texapp · 1987 · cited in 4 Texas opinions naming this issue, 1997–2016
2 sentences

2016Id.

2011Swanson v. State, 722 S.W.2d 158, 164 (Tex. App.—Houston [14th Dist.] 1986, pet. ref’d).

24
Disheroon v. Stategreen
texcrimapp · 1985 · cited in 2 Texas opinions naming this issue, 1997–2017
2 sentences

2017See Disheroon, 687 S.W.2d at 334 ; Maddox, 591 S.W.2d at 903 .

1997Campise v. State, 745 S.W.2d 534, 535 (Tex.App.—Houston [1st Dist.] 1988, no pet.). 19 “Bald assertions by a defendant that he was without the assistance of counsel at his prior convictions are not sufficient to overcome the presumption of regularity of the records before the court in the case.” Swanson v. State, 722 S.W.2d 158, 164 (Tex.App.—Houston [14th Dist.] 1986, pet. ref'd) (citing Disheroon v. State, 687 S.W.2d 332, 334 (Tex.Crim.App.1985)).

22
James v. Stategreen
texapp · 1999 · cited in 1 Texas opinions naming this issue, 2000–2000
1 sentence

2000See James, 997 S.W.2d at 902 .

11
Campise v. Stategreen
texapp · 1988 · cited in 1 Texas opinions naming this issue, 1997–1997
1 sentence

1997Campise v. State, 745 S.W.2d 534, 535 (Tex.App.—Houston [1st Dist.] 1988, no pet.). 19 “Bald assertions by a defendant that he was without the assistance of counsel at his prior convictions are not sufficient to overcome the presumption of regularity of the records before the court in the case.” Swanson v. State, 722 S.W.2d 158, 164 (Tex.App.—Houston [14th Dist.] 1986, pet. ref'd) (citing Disheroon v. State, 687 S.W.2d 332, 334 (Tex.Crim.App.1985)).

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 (3)

CaseCitedYears
Jones v. State green
texcrimapp · 2002
2 sentences

2023Jones v. State, 77 S.W.3d 819 , 823 n.15 (Tex. Crim.

2015Jones v. State, 77 S.W.3d 819 , 823 n. 15 (Tex. Crim.

32014–2023
Maddox v. State green
texcrimapp · 1979
1 sentence

2017See Disheroon, 687 S.W.2d at 334 ; Maddox, 591 S.W.2d at 903 .

12017–2017
Breazeale v. State green
texcrimapp · 1985
1 sentence

1998Breazeale, 683 S.W.2d at 450 ; Williams v. State, 946 S.W.2d 886, 900 (Tex.App.-Waco 1997, no pet.).

11998–1998

Statutes the citing opinions construe

TX § Tex. Penal Code § 12.42 (5) TX § Tex. Penal Code § 49.04 (4)

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 15 (1997–2023) LA 8 (1995–2020)

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.

← Caselaw search · G Cite Topics · Brief Check