Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
14 Texas opinions name it 2 courts 1982–2017 0 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.
| Case | Followed | Cited |
|---|---|---|
Proctor v. Stategreen2 sentences2003The Fort Worth Court of Appeals held that “because the State does not have the burden of disproving a defense the defendant did not bother to raise, appellant waived any error regarding the State's proof and the statute of limitations.” Johnson v. State , 977 S.W.2d 725, 727 (Tex. App.—Fort Worth 1998, pet. ref’d.) ( citing Proctor , 967 S.W.2d at 844-45 ). 2001See Proctor v. State, 967 S.W.2d 840, 844-45 (Tex.Crim.App.1998); Johnson v. State, 977 S.W.2d 725, 727 (Tex.App.—Fort Worth 1998, pet. ref'd). | 2 | 3 |
Johnson v. Stategreen2 sentences2003The Fort Worth Court of Appeals held that “because the State does not have the burden of disproving a defense the defendant did not bother to raise, appellant waived any error regarding the State's proof and the statute of limitations.” Johnson v. State , 977 S.W.2d 725, 727 (Tex. App.—Fort Worth 1998, pet. ref’d.) ( citing Proctor , 967 S.W.2d at 844-45 ). 2001See Proctor v. State, 967 S.W.2d 840, 844-45 (Tex.Crim.App.1998); Johnson v. State, 977 S.W.2d 725, 727 (Tex.App.—Fort Worth 1998, pet. ref'd). | 2 | 2 |
Jordan v. Honorable Court of Appeals for the Fourth Supreme Judicial Districtgreen2 sentences1997See Jordan, 701 S.W.2d at 649-51 (Gonzalez, J., concurring and dissenting). [6] Based on the foregoing, we disavow Fuller to the extent it holds "the party asserting the privilege has the burden of disproving the waiver," and we disapprove of the Court of Appeals' opinion in this case to the extent it holds disclosure of privileged materials by a defendant's lawyer, standing alone, is sufficient to support a finding of waiver. 1997See Jordan, 701 S.W.2d at 649-51 (Gonzalez, J., concurring and dissenting). 6 Based on the foregoing, we disavow Fuller to the extent it holds “the party asserting the privilege has the burden of disproving the waiver,” and we disapprove of the Court of Appeals’ opinion in this ease to the extent it holds disclosure of privileged materials by a defendant’s lawyer, standing alone, is sufficient to support a finding of waiver. | 1 | 3 |
Bruno v. Stategreen1 sentence2017See, e.g., In re S.S., 167 S.W.3d 108 , 112–14 (Tex. App.—Waco 2005, no pet.) (State met its burden of disproving the defense where it presented sufficient evidence disproving juvenile’s mistake-of-fact defense in trespass case); Bruno v. State, 812 S.W.2d 56 , 59–60 (Tex. App.—Houston [14th Dist.] 1991), aff’d, 845 S.W.2d 910, 912 (Tex.Crim.App. 1993) (trial court properly instructed jury that the State had the burden of disproving defendant’s mistake of fact defense beyond a reasonable doubt where defendant claimed that he mistakenly believed that he had consent to operate the victim’s vehic | 1 | 1 |
In Re SSgreen1 sentence2017See, e.g., In re S.S., 167 S.W.3d 108 , 112–14 (Tex. App.—Waco 2005, no pet.) (State met its burden of disproving the defense where it presented sufficient evidence disproving juvenile’s mistake-of-fact defense in trespass case); Bruno v. State, 812 S.W.2d 56 , 59–60 (Tex. App.—Houston [14th Dist.] 1991), aff’d, 845 S.W.2d 910, 912 (Tex.Crim.App. 1993) (trial court properly instructed jury that the State had the burden of disproving defendant’s mistake of fact defense beyond a reasonable doubt where defendant claimed that he mistakenly believed that he had consent to operate the victim’s vehic | 1 | 1 |
Carmona v. Stategreen2 sentences1997See id. 1997See id. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Saxton v. State
green
2 sentences2015Id. 2003Id. | 2 | 2003–2015 |
Zuliani v. State
green
2 sentences2012Zuliani, 97 S.W.3d at 594 . 2004Id. | 2 | 2004–2012 |
Fuller v. State
green
2 sentences2000Fuller, 835 S.W.2d at 769 , citing Jordan v. Court of Appeals for the Fourth Supreme Judicial District, 701 S.W.2d 644 (Tex.1985), and State ex rel. 1994Fuller, 835 S.W.2d at 769 . | 2 | 1994–2000 |
Bush v. State
green
2 sentences1983Bush v. State, 611 S.W.2d 428 (Tex.Cr.App.1980). 1982Bush v. State, 611 S.W.2d at 430 . | 2 | 1982–1983 |
Bruno v. State
green
1 sentence2017See, e.g., In re S.S., 167 S.W.3d 108 , 112–14 (Tex. App.—Waco 2005, no pet.) (State met its burden of disproving the defense where it presented sufficient evidence disproving juvenile’s mistake-of-fact defense in trespass case); Bruno v. State, 812 S.W.2d 56 , 59–60 (Tex. App.—Houston [14th Dist.] 1991), aff’d, 845 S.W.2d 910, 912 (Tex.Crim.App. 1993) (trial court properly instructed jury that the State had the burden of disproving defendant’s mistake of fact defense beyond a reasonable doubt where defendant claimed that he mistakenly believed that he had consent to operate the victim’s vehic | 1 | 2017–2017 |
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.