purpose of the constitutional requirement (Texas) · Go Syfert
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purpose of the constitutional requirement in Texas

14 Texas opinions name it 3 courts 1945–2009 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.

Followed or applied (6)

CaseFollowedCited
Peebles v. Stategreen
ark · 1998 · cited in 3 Texas opinions naming this issue, 2009–2009
2 sentences

2009“As the Supreme Court explained, the purpose of the constitutional requirement of effective counsel is to ensure a fair trial.” Id. (granting habeas relief on ineffective assistance grounds because trial counsel failed to investigate evidence involving the complainant’s cell phone and trial counsel’s deficient performance so undermined the proper functioning of the adversarial process that the trial could not be relied on as having produced a just result); Ex parte Briggs, 187 S.W.3d at 466-67 (granting habeas relief on ineffective assistance of counsel grounds because trial counsel failed to

2009“As the Supreme Court explained, the purpose of the constitutional requirement of effective counsel is to ensure a fair trial.” Id. (granting habeas relief on ineffective assistance grounds because trial counsel failed to investigate evidence involving the complainant’s cell phone and trial counsel’s deficient performance so undermined the proper functioning of the adversarial process that the trial could not be relied on as having produced a just result); Ex parte Briggs, 187 S.W.3d at 466-67 (granting habeas relief on ineffective assistance of counsel grounds because trial counsel failed to

33
Hofman v. Webergreen
sd · 2002 · cited in 3 Texas opinions naming this issue, 2009–2009
2 sentences

2009“As the Supreme Court explained, the purpose of the constitutional requirement of effective counsel is to ensure a fair trial.” Id. (granting habeas relief on ineffective assistance grounds because trial counsel failed to investigate evidence involving the complainant’s cell phone and trial counsel’s deficient performance so undermined the proper functioning of the adversarial process that the trial could not be relied on as having produced a just result); Ex parte Briggs, 187 S.W.3d at 466-67 (granting habeas relief on ineffective assistance of counsel grounds because trial counsel failed to

2009“As the Supreme Court explained, the purpose of the constitutional requirement of effective counsel is to ensure a fair trial.” Id. (granting habeas relief on ineffective assistance grounds because trial counsel failed to investigate evidence involving the complainant’s cell phone and trial counsel’s deficient performance so undermined the proper functioning of the adversarial process that the trial could not be relied on as having produced a just result); Ex parte Briggs , 187 S.W.3d at 466–67 (granting habeas relief on ineffective assistance of counsel grounds because trial counsel failed to

33
Ex Parte Chandlergreen
texcrimapp · 2005 · cited in 4 Texas opinions naming this issue, 2006–2008
2 sentences

2006Prejudice to the applicant from counsel's deficient performance is judged by "whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." Ex parte Chandler, 182 S.W.3d 350, 353 (Tex.Crim.App.2005), quoting Strickland, supra, at 686 , 104 S.Ct. 2052 "As the Supreme Court explained, the purpose of the constitutional requirement of effective counsel is to ensure a fair trial." Id. *367 This Court has said that "[v]irtually every fact finding involves a credibility determination" and has "repeatedly

2006Prejudice to the applicant from counsel’s deficient performance is judged by “whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.” Ex parte Chandler, 182 S.W.3d 350, 353 (Tex.Crim.App.2005), quoting Strickland, supra, at 686 , 104 S.Ct. 2052 “As the Supreme Court explained, the purpose of the constitutional requirement of effective counsel is to ensure a fair trial.” Id.

24
Ex Parte Briggsgreen
texcrimapp · 2005 · cited in 3 Texas opinions naming this issue, 2009–2009
2 sentences

2009“As the Supreme Court explained, the purpose of the constitutional requirement of effective counsel is to ensure a fair trial.” Id. (granting habeas relief on ineffective assistance grounds because trial counsel failed to investigate evidence involving the complainant’s cell phone and trial counsel’s deficient performance so undermined the proper functioning of the adversarial process that the trial could not be relied on as having produced a just result); Ex parte Briggs, 187 S.W.3d at 466-67 (granting habeas relief on ineffective assistance of counsel grounds because trial counsel failed to

2009“As the Supreme Court explained, the purpose of the constitutional requirement of effective counsel is to ensure a fair trial.” Id. (granting habeas relief on ineffective assistance grounds because trial counsel failed to investigate evidence involving the complainant’s cell phone and trial counsel’s deficient performance so undermined the proper functioning of the adversarial process that the trial could not be relied on as having produced a just result); Ex parte Briggs , 187 S.W.3d at 466–67 (granting habeas relief on ineffective assistance of counsel grounds because trial counsel failed to

13
Gulf Ins. Co. v. James, St. Treas.green
tex · 1945 · cited in 2 Texas opinions naming this issue, 1971–1973
2 sentences

1971“The purpose of the constitutional requirement is to give notice through the title of the bill, not only to members of the legislature, but to the citizens at large, of the subject-matter of the projected law; and thereby to prevent the surreptitious passage of a law upon one subject under the guise of a title which expresses another.” Adams v. San Angelo Waterworks Co., 86 Tex. 485 , 25 S.W. 605 (1894); Gulf Insurance Co. v. James, 143 Tex. 424 , 185 S.W.2d 966 (1945); Fletcher v. State, 439 S.W.2d 656 (Tex.Sup.1969).

1971“The purpose of the constitutional requirement is to give notice through the title of the bill, not only to members of the legislature, but to the citizens at large, of the subject-matter of the projected law; and thereby to prevent the surreptitious passage of a law upon one subject under the guise of a title which expresses another.” Adams v. San Angelo Waterworks Co., 86 Tex. 485 , 25 S.W. 605 (1894); Gulf Insurance Co. v. James, 143 Tex. 424 , 185 S.W.2d 966 (1945); Fletcher v. State, 439 S.W.2d 656 (Tex.Sup.1969).

12
Ex Parte Mowbraygreen
texcrimapp · 1996 · cited in 1 Texas opinions naming this issue, 2006–2006
2 sentences

2006Prejudice to the applicant from counsel's deficient performance is judged by "whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." Ex parte Chandler, 182 S.W.3d 350, 353 (Tex.Crim.App.2005), quoting Strickland, supra, at 686 , 104 S.Ct. 2052 "As the Supreme Court explained, the purpose of the constitutional requirement of effective counsel is to ensure a fair trial." Id. *367 This Court has said that "[v]irtually every fact finding involves a credibility determination" and has "repeatedly

2006This Court has said that “Virtually every fact finding involves a credibility determination” and has “repeatedly recognized that the fact finder is the exclusive judge of the credibility of the witnesses.” Ex parte Mowbray, 943 S.W.2d 461, 465 (Tex.Crim.App.1996).

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
Strickland v. Washington green
scotus · 1984
2 sentences

2006Prejudice to the applicant from counsel’s deficient performance is judged by “whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.” Ex parte Chandler, 182 S.W.3d 350, 353 (Tex.Crim.App.2005), quoting Strickland, supra, at 686 , 104 S.Ct. 2052 “As the Supreme Court explained, the purpose of the constitutional requirement of effective counsel is to ensure a fair trial.” Id.

2006Prejudice to the applicant from counsel’s deficient performance is judged by “whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.” Ex parte Chandler, 182 S.W.3d 350, 353 (Tex.Crim.App.2005), quoting Strickland, supra, at 686 , 104 S.Ct. 2052 “As the Supreme Court explained, the purpose of the constitutional requirement of effective counsel is to ensure a fair trial.” Id.

52006–2008
Ex Parte Amezquita green
texcrimapp · 2006
2 sentences

2009“As the Supreme Court explained, the purpose of the constitutional requirement of effective counsel is to ensure a fair trial.” Id. (granting habeas relief on ineffective assistance grounds because trial counsel failed to investigate evidence involving the complainant’s cell phone and trial counsel’s deficient performance so undermined the proper functioning of the adversarial process that the trial could not be relied on as having produced a just result); Ex parte Briggs, 187 S.W.3d at 466-67 (granting habeas relief on ineffective assistance of counsel grounds because trial counsel failed to

2009“As the Supreme Court explained, the purpose of the constitutional requirement of effective counsel is to ensure a fair trial.” Id. (granting habeas relief on ineffective assistance grounds because trial counsel failed to investigate evidence involving the complainant’s cell phone and trial counsel’s deficient performance so undermined the proper functioning of the adversarial process that the trial could not be relied on as having produced a just result); Ex parte Briggs , 187 S.W.3d at 466–67 (granting habeas relief on ineffective assistance of counsel grounds because trial counsel failed to

32009–2009
Adams & Wickes v. San Angelo Water Works Co. green
tex · 1894
2 sentences

1973“The purpose of the constitutional requirement is to give notice through the title of the bill, not only to members of the legislature, but to the citizens at large, of the subject-matter of the projected law; and thereby to prevent the surreptitious passage of a law upon one subject under the guise of a title which expresses another.” Adams & Wickes v. San Angelo Water Works Co., 86 Tex. 485, 487 , 25 S.W. 605, 606 .

1973“The purpose of the constitutional requirement is to give notice through the title of the bill, not only to members of the legislature, but to the citizens at large, of the subject-matter of the projected law; and thereby to prevent the surreptitious passage of a law upon one subject under the guise of a title which expresses another.” Adams & Wickes v. San Angelo Water Works Co., 86 Tex. 485, 487 , 25 S.W. 605, 606 .

31945–1973
Mercer v. State green
texcrimapp · 1928
2 sentences

1973When the validity of legislation is challenged under this constitutional provision, the courts give a liberal construction to the title of the act and attempt to uphold its validity “to avoid serious embarrassment of legislation,” Mercer v. State, 111 Tex.Cr.R. 657 , 13 S.W.2d 689, 691 ; however, “the rule of liberal construction will not be followed to the extent that it will relieve the legislature of the necessity of *111 disclosing the real subject of the Act in the title thereof, nor will it be extended so as to hold Acts valid, the titles of which are deceptive or misleading as to the re

1973When the validity of legislation is challenged under this constitutional provision, the courts give a liberal construction to the title of the act and attempt to uphold its validity “to avoid serious embarrassment of legislation,” Mercer v. State, 111 Tex.Cr.R. 657 , 13 S.W.2d 689, 691 ; however, “the rule of liberal construction will not be followed to the extent that it will relieve the legislature of the necessity of *111 disclosing the real subject of the Act in the title thereof, nor will it be extended so as to hold Acts valid, the titles of which are deceptive or misleading as to the re

11973–1973
Fletcher v. State green
tex · 1969
1 sentence

1971“The purpose of the constitutional requirement is to give notice through the title of the bill, not only to members of the legislature, but to the citizens at large, of the subject-matter of the projected law; and thereby to prevent the surreptitious passage of a law upon one subject under the guise of a title which expresses another.” Adams v. San Angelo Waterworks Co., 86 Tex. 485 , 25 S.W. 605 (1894); Gulf Insurance Co. v. James, 143 Tex. 424 , 185 S.W.2d 966 (1945); Fletcher v. State, 439 S.W.2d 656 (Tex.Sup.1969).

11971–1971
San Antonio & Aransas Pass Railway Co. v. State green
tex · 1936
2 sentences

1948San Antonio & A. P. Ry. v. State, 128 Tex. 33 , 95 S.W.2d 680 .

1948San Antonio & A. P. Ry. v. State, 128 Tex. 33 , 95 S.W.2d 680 .

11948–1948
Underwriters v. Kirby Lumber Co. green
texcommnapp · 1924
1 sentence

1945App.), 267 S. W. 703, 705 , as follows: “To advise the Legislature and the people of the nature of each particular bill,' so as .to prevent the insertion of obnoxious clauses which otherwise might be engrafted on it and become the law, and to obviate legislation through the combination, *432 upon a composite bill, of the votes of the proponents of different measures included in it, some of" which would not pass upon their merits if separately considered.” Other authorities state the purpose of such a requirement as follows: “The purpose of the constitutional requirement is to give notice throu

11945–1945

Statutes the citing opinions construe

TX § Tex. Penal Code § 49.08 (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

TX 14 (1945–2009) FL 8 (1936–2018) IL 7 (1909–1992) PA 5 (1915–2015) NE 3 (1912–1996) MD 3 (1928–1974) CA 3 (1937–2000) ME 3 (2000–2024) OK 3 (1991–2008) AZ 2 (1980–1988) RI 2 (2008–2010) MI 2 (1947–1971) NJ 2 (1966–1986) OR 2 (1924–2024) LA 2 (1972–2003) PR 2 (1943–1970) AK 2 (1979–1985)

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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