reference rule (Texas) · Go Syfert
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reference rule in Texas

15 Texas opinions name it 3 courts 1979–2024 3 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 (15)

CaseFollowedCited
Holder v. Humanitarian Law Projectgreen
scotus · 2010 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Holder v. Humanitarian Law Project, 561 U.S. 1 , 18 n.3 (2010) (chiding dissent for employing constitutional avoidance to assign different meaning to defined statutory term); Skilling v. United States, 561 U.S. 358, 423 (2010) (Scalia, J., concurring in part) (“I do not believe we have the power, in order to uphold an enactment, to rewrite it.”).

11
Skilling v. United Statesgreen
scotus · 2010 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Holder v. Humanitarian Law Project, 561 U.S. 1 , 18 n.3 (2010) (chiding dissent for employing constitutional avoidance to assign different meaning to defined statutory term); Skilling v. United States, 561 U.S. 358, 423 (2010) (Scalia, J., concurring in part) (“I do not believe we have the power, in order to uphold an enactment, to rewrite it.”).

11
Texas Department of Parks & Wildlife v. Mirandagreen
tex · 2004 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021See Tex. Dep’t of Transp. v. City of Sunset Valley, 146 S.W.3d 637, 642 (Tex. 2004) (recognizing legislative intent must be discerned from the statute’s plain language); cf. Miranda, 133 S.W.3d at 224 (holding Tort Claims Act’s waiver of immunity from suit also waived immunity from liability based on clear statutory language).

11
Texas Department of Transportation v. City of Sunset Valleygreen
tex · 2004 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021See Tex. Dep’t of Transp. v. City of Sunset Valley, 146 S.W.3d 637, 642 (Tex. 2004) (recognizing legislative intent must be discerned from the statute’s plain language); cf. Miranda, 133 S.W.3d at 224 (holding Tort Claims Act’s waiver of immunity from suit also waived immunity from liability based on clear statutory language).

11
Bartush-Schnitzius Foods Co. v. Cimco Refrigeration, Inc.green
tex · 2017 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021The allegation that Mercedes Financial or Mercedes USA’s conduct “was the cause of the breach of contract” might be construed as a reference to the doctrine of excused performance, see, e.g., Bartush-Schnitzius Foods Co. v. Cimco Refrigeration, Inc., 518 S.W.3d 432, 436 (Tex. 2017) (outlining contours of doctrine), but Fox and Harrington waived that defense by failing to plead it, see Tex. R.

11
Pineridge Associates, L.P. v. Ridgepine, LLCgreen
texapp · 2011 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020See Pineridge Assocs., L.P. v. Ridgepine, LLC, 337 S.W.3d 461 , 472 n.10 42 89.

11
Brewer v. Lennox Hearth Prods., LLCgreen
texapp · 2018 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020Brewer, 546 S.W.3d at 876, 882 .

11
Mendoza v. Stategreen
texapp · 1992 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014See id. at 753 (citing former TEX.

11
Harris v. Stategreen
texapp · 2003 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014See Harris, 122 S.W.3d at 884 (citing Fogle v. State, 988 S.W.2d 891, 895 (Tex. App.—Fort Worth 1999, pet. ref’d) (recognizing a defendant need not subpoena himself in order to secure his own testimony)).

11
Fogle v. Stategreen
texapp · 1999 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014See Harris, 122 S.W.3d at 884 (citing Fogle v. State, 988 S.W.2d 891, 895 (Tex. App.—Fort Worth 1999, pet. ref’d) (recognizing a defendant need not subpoena himself in order to secure his own testimony)).

11
Rivas v. Stategreen
texcrimapp · 2009 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012Rivas v. State, 275 S.W.3d 880, 887 (Tex. Crim.

11
Romero v. Stategreen
texcrimapp · 1990 · cited in 1 Texas opinions naming this issue, 2004–2004
1 sentence

2004See Romero v. State, 800 S.W.2d 539, 543 (Tex.Crim.App.1990).

11
Orona v. Stategreen
texcrimapp · 1990 · cited in 1 Texas opinions naming this issue, 1995–1995
1 sentence

1995However, improper comments by the prosecution about defense counsel will not amount to reversible error unless, “in light of the record as a whole, there is a reasonable possibility the argument complained of might have contributed to appellant’s conviction or punishment.” Orona v. State, 791 S.W.2d 125, 128 (Tex.Crim.App.1990); Tex.R.App.P. 81(b)(2).

11
Neuhoff Bros., Packers v. Acostagreen
tex · 1959 · cited in 1 Texas opinions naming this issue, 1979–1979
2 sentences

1979Peurifoy v. Wiebusch, 125 Tex. 207 , 82 S.W.2d 624, 625 (1935); Neuhoff Bros., Packers v. Acosta, 160 Tex. 124 , 327 S.W.2d 434, 436 (1959).

1979Peurifoy v. Wiebusch, 125 Tex. 207 , 82 S.W.2d 624, 625 (1935); Neuhoff Bros., Packers v. Acosta, 160 Tex. 124 , 327 S.W.2d 434, 436 (1959).

11
Peurifoy and Thomason v. Wiebuschgreen
tex · 1935 · cited in 1 Texas opinions naming this issue, 1979–1979
2 sentences

1979Peurifoy v. Wiebusch, 125 Tex. 207 , 82 S.W.2d 624, 625 (1935); Neuhoff Bros., Packers v. Acosta, 160 Tex. 124 , 327 S.W.2d 434, 436 (1959).

1979Peurifoy v. Wiebusch, 125 Tex. 207 , 82 S.W.2d 624, 625 (1935); Neuhoff Bros., Packers v. Acosta, 160 Tex. 124 , 327 S.W.2d 434, 436 (1959).

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 (7)

CaseCitedYears
Adam Terrell Rhyne v. State green
texapp · 2012
1 sentence

2016Rhyne, 387 S.W.3d at 903 (quoting 40 George E.

12016–2016
Mundy v. Pirie-Slaughter Motor Co. green
tex · 1948
1 sentence

2016Mundy, 206 S.W.2d at 589-90 .

12016–2016
Jones v. State green
texapp · 1983
1 sentence

2015Id. at 188–89.

12015–2015
Louis E. White v. Dr. George J. Beto, Director, Texas Department of Corrections green
ca5 · 1966
2 sentences

2000Then we added a reference to a rule that the United States Court of Appeals for the Fifth Circuit had developed in its habeas corpus cases from Texas: With reference to appellant’s claim of deprivation of federal constitutional due process, attention is directed to Bee v. Beto, 384 F,2d 925, wherein the Fifth Circuit Court of Appeals held that a guilty plea entered by a Texas state defendant was conclusive as to the defendant’s guilt, admitted all facts charged in the indictment and waived all nonjurisdictional defects, citing White v. Beto, 367 F.2d 557 ; Law v. Beto, 370 F.2d 369 and Haynes

2000Then we added a reference to a rule that the United States Court of Appeals for the Fifth Circuit had developed in its habeas corpus cases from Texas: With reference to appellant's claim of deprivation of federal constitutional due *658 process, attention is directed to Bee v. Beto, 384 F.2d 925 , wherein the Fifth Circuit Court of Appeals held that a guilty plea entered by a Texas state defendant was conclusive as to the defendant's guilt, admitted all facts charged in the indictment and waived all nonjurisdictional defects, citing White v. Beto, 367 F.2d 557 ; Law v. Beto, 370 F.2d 369 and H

12000–2000
James David McClain v. Lawrence E. Wilson, Warden neutral
ca9 · 1966
2 sentences

2000Then we added a reference to a rule that the United States Court of Appeals for the Fifth Circuit had developed in its habeas corpus cases from Texas: With reference to appellant’s claim of deprivation of federal constitutional due process, attention is directed to Bee v. Beto, 384 F,2d 925, wherein the Fifth Circuit Court of Appeals held that a guilty plea entered by a Texas state defendant was conclusive as to the defendant’s guilt, admitted all facts charged in the indictment and waived all nonjurisdictional defects, citing White v. Beto, 367 F.2d 557 ; Law v. Beto, 370 F.2d 369 and Haynes

2000Then we added a reference to a rule that the United States Court of Appeals for the Fifth Circuit had developed in its habeas corpus cases from Texas: With reference to appellant's claim of deprivation of federal constitutional due *658 process, attention is directed to Bee v. Beto, 384 F.2d 925 , wherein the Fifth Circuit Court of Appeals held that a guilty plea entered by a Texas state defendant was conclusive as to the defendant's guilt, admitted all facts charged in the indictment and waived all nonjurisdictional defects, citing White v. Beto, 367 F.2d 557 ; Law v. Beto, 370 F.2d 369 and H

12000–2000
Miles Edward Haynes v. United States green
ca5 · 1967
2 sentences

2000Then we added a reference to a rule that the United States Court of Appeals for the Fifth Circuit had developed in its habeas corpus cases from Texas: With reference to appellant’s claim of deprivation of federal constitutional due process, attention is directed to Bee v. Beto, 384 F,2d 925, wherein the Fifth Circuit Court of Appeals held that a guilty plea entered by a Texas state defendant was conclusive as to the defendant’s guilt, admitted all facts charged in the indictment and waived all nonjurisdictional defects, citing White v. Beto, 367 F.2d 557 ; Law v. Beto, 370 F.2d 369 and Haynes

2000Then we added a reference to a rule that the United States Court of Appeals for the Fifth Circuit had developed in its habeas corpus cases from Texas: With reference to appellant's claim of deprivation of federal constitutional due *658 process, attention is directed to Bee v. Beto, 384 F.2d 925 , wherein the Fifth Circuit Court of Appeals held that a guilty plea entered by a Texas state defendant was conclusive as to the defendant's guilt, admitted all facts charged in the indictment and waived all nonjurisdictional defects, citing White v. Beto, 367 F.2d 557 ; Law v. Beto, 370 F.2d 369 and H

12000–2000
Arthur Baker Bee v. Dr. George J. Beto, Director, Texas Department of Corrections neutral
ca5 · 1967
1 sentence

2000Then we added a reference to a rule that the United States Court of Appeals for the Fifth Circuit had developed in its habeas corpus cases from Texas: With reference to appellant's claim of deprivation of federal constitutional due *658 process, attention is directed to Bee v. Beto, 384 F.2d 925 , wherein the Fifth Circuit Court of Appeals held that a guilty plea entered by a Texas state defendant was conclusive as to the defendant's guilt, admitted all facts charged in the indictment and waived all nonjurisdictional defects, citing White v. Beto, 367 F.2d 557 ; Law v. Beto, 370 F.2d 369 and H

12000–2000

Where else courts name it

WA 153 (1945–2026) CA 109 (1928–2026) NY 32 (1868–2019) IL 30 (1902–2024) MN 23 (1960–1996) FL 18 (1974–2017) PA 17 (1843–2024) MO 17 (1892–2010) OH 16 (1911–2023) MA 16 (1928–2026) TX 15 (1979–2024) OR 14 (1892–2021) GA 11 (1911–2017) NJ 11 (1919–2025) ME 9 (1957–2001) AZ 8 (1978–2022) AL 8 (1925–2013) MD 8 (1963–2007) OK 7 (1941–2016) CO 7 (1912–2026) CT 7 (1948–2008) LA 7 (1983–2019) IA 7 (1939–2025) UT 7 (1990–2020) MS 6 (1994–2006) TN 6 (1933–2014) WI 6 (1986–2023) MI 6 (1959–2026) NC 4 (1906–2000) IN 4 (1976–2007) DC 4 (1881–2008) NH 3 (1977–2000) SD 3 (2009–2012) DE 3 (1934–2019) ID 2 (1990–1991) WY 2 (1976–2005) MT 2 (1942–1942) VA 2 (1962–2022) HI 2 (2013–2016)

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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