theory behind rule in Texas

15 Texas opinions name it 3 courts 1979–2021 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)

Case	Followed	Cited
Brown v. American Transfer & Storage Co.green tex · 1980 · cited in 4 Texas opinions naming this issue, 1982–2019 2 sentences 2019Transfer & Storage Co., 601 S.W.2d 931, 934 (Tex. 1980). 2018Transfer & Storage Co. , 601 S.W.2d 931 , 934 (Tex. 1980).	3	4
Barrington v. Duncangreen tex · 1943 · cited in 2 Texas opinions naming this issue, 1979–1997 2 sentences 1997Myers v. Thomas, 143 Tex. 502 , 186 S.W.2d 152 811, 813 (1945); Barrington v. Duncan, 140 Tex. 510 , 169 S.W.2d 462, 465 (1943); Kendrix v. Southern Pac. 1997Myers v. Thomas, 143 Tex. 502 , 186 S.W.2d 152 811, 813 (1945); Barrington v. Duncan, 140 Tex. 510 , 169 S.W.2d 462, 465 (1943); Kendrix v. Southern Pac.	1	2
Baltazar v. Stategreen texcrimapp · 1963 · cited in 1 Texas opinions naming this issue, 1983–1983 1 sentence 1983See also Baltazar v. State, 373 S.W.2d 753 (Tex.Cr.App.1964).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (7)

Case	Cited	Years
Emerson v. State green texcrimapp · 1994 2 sentences 2015Id. 2002The Court took judicial notice, based in large part on scientific literature concerning the effects of alcohol on human eye movement, that the technique employed in the HGN test, and the theory behind the test, are reliable for the purposes of Rule 702. 1 Emerson, 880 S.W.2d at 768-69 ; Tex.R.	3	2002–2015
Roman v. State green texcrimapp · 1974 2 sentences 1989The theory behind the rule is that by allowing the jury to hear the rest of the conversation on the same subject the whole picture will be filled out, removing any misleading effect which may have occurred from introduction of only a portion of the conversation. 503 S.W.2d at 253 . 1987Roman v. State, 503 S.W.2d 252 (Tex.Crim.App.1974).	2	1987–1989
Prudential Insurance Co. of America v. Jefferson Associates, Ltd. green tex · 1995 1 sentence 2021He has agreed to take the full risk of determining the value of the purchase.”2 Id.	1	2021–2021
Ex Parte Cross green texapp · 2002 1 sentence 2005Id.	1	2005–2005
Waco Independent School District v. Gibson green tex · 2000 1 sentence 2002Gibson, 22 S.W.3d at 852 .	1	2002–2002
Myers v. Thomas green tex · 1945 1 sentence 1997Myers v. Thomas, 143 Tex. 502 , 186 S.W.2d *152 811, 813 (1945); Barrington v. Duncan, 140 Tex. 510 , 169 S.W.2d 462, 465 (1943); Kendrix v. Southern Pac.	1	1997–1997
Jackson v. State neutral texcrimapp · 1952 2 sentences 1983Cartwright is inconsistent with the theory behind the requirement that a motion for new trial based on jury misconduct must be supported by proper affidavit and is in direct conflict with the holding in Jackson v. State, 157 Tex.Cr.R. 323 , 248 S.W.2d 748 (Tex.Cr.App.1952). 1983Cartwright is inconsistent with the theory behind the requirement that a motion for new trial based on jury misconduct must be supported by proper affidavit and is in direct conflict with the holding in Jackson v. State, 157 Tex.Cr.R. 323 , 248 S.W.2d 748 (Tex.Cr.App.1952).	1	1983–1983

Where else courts name it

CA 26 (1939–2026) IL 19 (1969–2022) TX 15 (1979–2021) MD 13 (1978–2009) KS 8 (2016–2025) KY 7 (1956–2020) GA 6 (1978–2000) LA 6 (1978–2005) NJ 5 (1968–2024) WI 4 (1980–2007) MI 4 (1986–2017) MT 4 (1977–2002) OH 4 (2001–2024) TN 4 (1968–2016) FL 3 (1973–2008) PA 3 (1997–2017) AK 3 (1987–1997) MS 3 (1994–2014) AL 3 (1955–1985) NY 3 (1974–2005) AR 2 (2001–2007)

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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