presumed error (Texas) · Go Syfert
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presumed error in Texas

15 Texas opinions name it 2 courts 1948–2025 4 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 (9)

CaseFollowedCited
Davis v. Stategreen
texcrimapp · 2006 · cited in 2 Texas opinions naming this issue, 2016–2018
2 sentences

2018“Put another way, is there a reasonable possibility that the Crawford [v. Washington, 541 U.S. 36 (2004),] error, within the context of the entire trial, moved the jury from a state of non-persuasion to one of persuasion on a particular issue?” Davis, 203 S.W.3d at 852–53. containing hearsay is lower than the standard for reviewing harm from a presumed error in admitting a statement that violated appellant’s right to confront adverse witnesses.” Id. (citing cases and explaining that error in admitting hearsay is not reversible unless it affected defendant’s substantial rights while constitutio

2018“Put another way, is there a reasonable possibility that the Crawford [v. Washington, 541 U.S. 36 (2004),] error, within the context of the entire trial, moved the jury from a state of non-persuasion to one of persuasion on a particular issue?” Davis, 203 S.W.3d at 852–53. containing hearsay is lower than the standard for reviewing harm from a presumed error in admitting a statement that violated appellant’s right to confront adverse witnesses.” Id. (citing cases and explaining that error in admitting hearsay is not reversible unless it affected defendant’s substantial rights while constitutio

12
Brodrick Dechone Delane AKA Broderick Shun Delane AKA Shaun Scott v. Stategreen
texapp · 2012 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025See id.

11
Clay v. Stategreen
texcrimapp · 2007 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See Clay v. State, 240 S.W.3d 895, 904 (Tex. Crim.

11
Brooks v. Stategreen
texapp · 2012 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018In doing so, we eliminate all of Johnson’s testimony regarding appellant’s statements and “determine if the remaining inculpatory evidence tends to connect appellant to the offense.” Brooks v. State, 357 S.W.3d 777, 782 (Tex. App.—Houston [14th Dist.] 2011, pet. ref’d).

11
Snowden, Rion Phealgreen
texcrimapp · 2011 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017See Snowden, 353 S.W.3d at 822 .

11
Jennifer Jill Whitehead v. Stategreen
texapp · 2014 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017See Whitehead v. State, 437 S.W.3d 547, 553 (Tex. App.—Texarkana 2014, pet. ref'd).

11
Lindsay v. Stategreen
texapp · 2003 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See Lindsay v. State, 102 S.W.3d 223, 228 (Tex. App.—Houston [14th Dist.] 2003, pet. ref’d) (analyzing harm for error in admitting improper victim- impact testimony relating to an extraneous offense).

11
King v. Stategreen
texcrimapp · 1997 · cited in 1 Texas opinions naming this issue, 2005–2005
1 sentence

2005See King v. State , 953 S.W.2d 266, 271 (Tex. Crim.

11
TEXAS EMPLOYERS'INSURANCE ASSOCIATION v. Rubushgreen
texapp · 1960 · cited in 1 Texas opinions naming this issue, 1963–1963
1 sentence

1963Texas Employers’ Insurance Association v. Rubush, 337 S.W.2d 501, 503 (Tex.Civ.App., Fort Worth), 1960, citing the Aultman case, supra. “In enforcing those Rules (434 and 503, T.R.C.P.) we have held with respect to many and various types of errors that a reversal may be ordered only when a review of ‘the whole record’ convinces the reviewing court that but for the error a different verdict or judgment would probably have been rendered.” Condra Funeral Home v. Rollin (1958), 158 Tex. 478 , 314 S.W.2d 277 . “ ‘As a predicate on which to base reversible error in improper argument of counsel which

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 (9)

CaseCitedYears
Pham v. State green
texcrimapp · 2002
2 sentences

2022He continued that “the lack of a payment for a jury trial and the information about the judge’s reluctance to be the factfinder in a bench trial, if anything, call into question defense Rios–14 counsel’s testimony and not [Appellant]’s” and that “[t]he record is silent as to whether defense counsel relayed this information to his client before the trial began, but it seems highly unlikely that [Appellant] would have persisted in a presumed waiver of a jury had the information been relayed to him.” Id.

2022He continued that “the lack of a payment for a jury trial and the information about the judge’s reluctance to be the factfinder in a bench trial, if anything, call into question defense Rios–14 counsel’s testimony and not [Appellant]’s” and that “[t]he record is silent as to whether defense counsel relayed this information to his client before the trial began, but it seems highly unlikely that [Appellant] would have persisted in a presumed waiver of a jury had the information been relayed to him.” Id.

22022–2022
Taylor v. State green
texcrimapp · 2011
1 sentence

2023Taylor, 332 S.W.3d at 490 .

12023–2023
Ferguson v. State green
texapp · 2011
1 sentence

2019Appellant raised his charge objection at trial and we therefore review the presumed error for “some harm.” See Ferguson, 335 S.W.3d at 684-85 .

12019–2019
Nava, Andres Maldonado green
texcrimapp · 2013
1 sentence

2018Assuming, but not deciding, that the trial court’s failure to do so was erroneous, we will review the record to determine whether appellant suffered egregious harm as a result of the presumed error.1 See Nava, 415 S.W.3d at 298 .

12018–2018
Crawford v. Washington green
scotus · 2004
1 sentence

2018“Put another way, is there a reasonable possibility that the Crawford [v. Washington, 541 U.S. 36 (2004),] error, within the context of the entire trial, moved the jury from a state of non-persuasion to one of persuasion on a particular issue?” Davis, 203 S.W.3d at 852–53. containing hearsay is lower than the standard for reviewing harm from a presumed error in admitting a statement that violated appellant’s right to confront adverse witnesses.” Id. (citing cases and explaining that error in admitting hearsay is not reversible unless it affected defendant’s substantial rights while constitutio

12018–2018
Burdick v. State green
texapp · 2015
1 sentence

2017Id.

12017–2017
Condra Funeral Home v. Rollin green
tex · 1958
2 sentences

1963Texas Employers’ Insurance Association v. Rubush, 337 S.W.2d 501, 503 (Tex.Civ.App., Fort Worth), 1960, citing the Aultman case, supra. “In enforcing those Rules (434 and 503, T.R.C.P.) we have held with respect to many and various types of errors that a reversal may be ordered only when a review of ‘the whole record’ convinces the reviewing court that but for the error a different verdict or judgment would probably have been rendered.” Condra Funeral Home v. Rollin (1958), 158 Tex. 478 , 314 S.W.2d 277 . “ ‘As a predicate on which to base reversible error in improper argument of counsel which

1963Texas Employers’ Insurance Association v. Rubush, 337 S.W.2d 501, 503 (Tex.Civ.App., Fort Worth), 1960, citing the Aultman case, supra. “In enforcing those Rules (434 and 503, T.R.C.P.) we have held with respect to many and various types of errors that a reversal may be ordered only when a review of ‘the whole record’ convinces the reviewing court that but for the error a different verdict or judgment would probably have been rendered.” Condra Funeral Home v. Rollin (1958), 158 Tex. 478 , 314 S.W.2d 277 . “ ‘As a predicate on which to base reversible error in improper argument of counsel which

11963–1963
Texas General Indemnity Company v. Bridwell neutral
texapp · 1957
1 sentence

1963Texas Employers’ Insurance Association v. Rubush, 337 S.W.2d 501, 503 (Tex.Civ.App., Fort Worth), 1960, citing the Aultman case, supra. “In enforcing those Rules (434 and 503, T.R.C.P.) we have held with respect to many and various types of errors that a reversal may be ordered only when a review of ‘the whole record’ convinces the reviewing court that but for the error a different verdict or judgment would probably have been rendered.” Condra Funeral Home v. Rollin (1958), 158 Tex. 478 , 314 S.W.2d 277 . “ ‘As a predicate on which to base reversible error in improper argument of counsel which

11963–1963
Schuhmacher Co. v. Holcomb green
tex · 1944
2 sentences

1948However, in Schuhmacher Co. v. Holcomb, 142 Tex. 332 , 177 S.W.2d 951 , and in Texas Employers Ins.

1948However, in Schuhmacher Co. v. Holcomb, 142 Tex. 332 , 177 S.W.2d 951 , and in Texas Employers Ins.

11948–1948

Statutes the citing opinions construe

TX § Tex. Penal Code § 19.02 (3) TX § Tex. Penal Code § 21.02 (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

CA 29 (1964–2026) TX 15 (1948–2025) MI 14 (2013–2025) UT 7 (2011–2026) MO 4 (1980–2021) IL 4 (1948–1995) AZ 3 (1988–1999) IN 3 (2016–2019) WI 3 (2009–2018) GA 3 (2020–2022) NY 2 (2022–2022) CO 2 (1979–2009) VT 2 (1998–2026) NM 2 (2015–2015) MN 2 (1983–2023) CT 2 (2016–2020) MS 2 (2007–2011)

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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