Wade factors in Texas

14 Texas opinions name it 2 courts 1977–2023 2 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)

Case	Followed	Cited
Jimenez v. Stategreen texapp · 1990 · cited in 2 Texas opinions naming this issue, 1999–2013 2 sentences 2013In Jimenez v. State, the appellate court invoked the Wade analysis and found there was no independent origin for an in-court identification. 787 S.W.2d 516, 520 (Tex. App.—El Paso 1990, no pet.). 2013In Jimenez v. State, the appellate court invoked the Wade analysis and found there was no independent origin for an in-court identification. 787 S.W.2d 516, 520 (Tex. App.—El Paso 1990, no pet.).	2	2
Hagen v. Hagengreen tex · 2009 · cited in 2 Texas opinions naming this issue, 2012–2012 2 sentences 2012See Hagen , 282 S.W.3d at 902 . 2012See Hagen, 282 S.W.3d at 902 .	2	2
Utica Lloyd's of Texas v. Sitech Engineering Corp.green texapp · 2001 · cited in 2 Texas opinions naming this issue, 2005–2005 2 sentences 2005For further support, Broussard and KCB cite to Utica Lloyd’s of Texas v. Sitech Engineering Corp. , in which the Texarkana Court of Appeals, citing to the Wade exception, stated that a court may consider extrinsic evidence if the policy terms are ambiguous, or the petition does not contain factual allegations sufficient to enable the court to determine whether the claims are within the policy coverage. 38 S.W.3d 260, 263 (Tex. App.—Texarkana 2001, no pet.). 2005For further support, Broussard and KCB cite to Utica Lloyd’s of Texas v. Sitech Engineering Corp. , in which the Texarkana Court of Appeals, citing to the Wade exception, stated that a court may consider extrinsic evidence if the policy terms are ambiguous, or the petition does not contain factual allegations sufficient to enable the court to determine whether the claims are within the policy coverage. 38 S.W.3d 260, 263 (Tex. App.—Texarkana 2001, no pet.).	2	2
Vermont v. Brillongreen scotus · 2009 · cited in 1 Texas opinions naming this issue, 2023–2023 2 sentences 2023See Vermont v. Brillon, 556 U.S. 81 , 90–91, 129 S. Ct. 1283 , 1290–91 (2009); cf. United States v. Clark, 577 F.3d 273, 283 (5th Cir. 2009) (reviewing dismissal of indictment without prejudice under federal Speedy Trial Act and concluding that continuances requested by defendant’s attorneys were attributable to defendant despite his post hoc denial that he had agreed to them). 2023See Vermont v. Brillon, 556 U.S. 81 , 90–91, 129 S. Ct. 1283 , 1290–91 (2009); cf. United States v. Clark, 577 F.3d 273, 283 (5th Cir. 2009) (reviewing dismissal of indictment without prejudice under federal Speedy Trial Act and concluding that continuances requested by defendant’s attorneys were attributable to defendant despite his post hoc denial that he had agreed to them).	1	1
United States v. Clarkgreen ca5 · 2009 · cited in 1 Texas opinions naming this issue, 2023–2023 1 sentence 2023See Vermont v. Brillon, 556 U.S. 81 , 90–91, 129 S. Ct. 1283 , 1290–91 (2009); cf. United States v. Clark, 577 F.3d 273, 283 (5th Cir. 2009) (reviewing dismissal of indictment without prejudice under federal Speedy Trial Act and concluding that continuances requested by defendant’s attorneys were attributable to defendant despite his post hoc denial that he had agreed to them).	1	1
Akin, Gump, Strauss, Hauer & Feld, L.L.P. v. National Development & Research Corp.green tex · 2009 · cited in 1 Texas opinions naming this issue, 2017–2017 2 sentences 2017See Akin, Gump, Strauss, Hauer & Feld, L.L.P. v. Nat’l Dev. & Research Corp., 299 S.W.3d 106, 124 (Tex. 2009) (“Ordinarily, we render judgment when we sustain a no evidence issue.”). 2017See Akin, Gump, Strauss, Hauer & Feld, L.L.P. v. Nat’l Dev. & Research Corp., 299 S.W.3d 106, 124 (Tex. 2009) (“Ordinarily, we render judgment when we sustain a no evidence issue.”).	1	1
Turner v. KTRK Television, Inc.green tex · 2000 · cited in 1 Texas opinions naming this issue, 2014–2014 1 sentence 2014See 38 S.W.3d at 114 .	1	1
City of Keller v. Wilsongreen tex · 2005 · cited in 1 Texas opinions naming this issue, 2014–2014 2 sentences 2014See City of Keller, 168 S.W.3d at 810 (providing elements for legal sufficiency review). b. 2014See City of Keller, 168 S.W.3d at 827 (in legal sufficiency, or “no-evidence” review, we determine whether evidence would enable reasonable and fair-minded people to reach verdict under review).	1	1
American Transitional Care Centers of Texas, Inc. v. Palaciosgreen tex · 2001 · cited in 1 Texas opinions naming this issue, 2005–2005 2 sentences 2005See Palacios, 46 S.W.3d at 879 . 2005See Palacios, 46 S.W.3d at 879 .	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 (11)

Case	Cited	Years
Loserth v. State green texcrimapp · 1998 2 sentences 2022Loserth, 963 S.W.2d at 774 . i. Biggers Factors Our analysis of three of the Biggers factors that overlap with the Wade factors remains the same: Salinas had a relatively close and unobstructed view of Rebollar for an indeterminate period of time, Salinas’s description of the shooter he observed matched Rebollar’s actual description, and Salinas paid close attention to his surroundings during 17 the shooting. 2022Loserth, 963 S.W.2d at 774 . i. Biggers Factors Our analysis of three of the Biggers factors that overlap with the Wade factors remains the same: Salinas had a relatively close and unobstructed view of Rebollar for an indeterminate period of time, Salinas’s description of the shooter he observed matched Rebollar’s actual description, and Salinas paid close attention to his surroundings during 17 the shooting.	2	2000–2022
Landmark Chevrolet Corp. v. Universal Underwriters Ins. Co. green texapp · 2003 2 sentences 2005Landmark Chevrolet , 121 S.W.3d at 890-91 ; Tri-Coastal Contractors, Inc. v. Hartford Underwriters Ins. 2005Landmark Chevrolet , 121 S.W.3d at 890-91 ; Tri-Coastal Contractors, Inc. v. Hartford Underwriters Ins.	2	2005–2005
Brown v. State green texapp · 2000 1 sentence 2022Brown, 29 S.W.3d at 254–55; Barley, 906 S.W.2d at 35 n.8.	1	2022–2022
Barley v. State green texcrimapp · 1995 1 sentence 2022Brown, 29 S.W.3d at 254–55; Barley, 906 S.W.2d at 35 n.8.	1	2022–2022
Loserth v. State green texapp · 1999 2 sentences 2013App. 1984) (adopting Wade factors for purpose of assessing independent origin); Loserth, 985 S.W.2d at 548 . 2013Herrera, 682 S.W.2d at 318 ; Loserth, 985 S.W.2d at 548 .	1	2013–2013
Herrera v. State green texcrimapp · 1984 2 sentences 2013Herrera, 682 S.W.2d at 318 ; Loserth, 985 S.W.2d at 548 . 2013Herrera, 682 S.W.2d at 318 ; Loserth, 985 S.W.2d at 548 .	1	2013–2013
Neil v. Biggers green scotus · 1972 2 sentences 2000Id. at 35 n. 8. 2000Id. at 35 n. 8.	1	2000–2000
Delk v. State green texcrimapp · 1993 2 sentences 2000By adding these two to the Wade factors, we increase the number of factors we consider to eight, and evaluate all of them in the light most favorable to the trial court’s ruling, weighing them and other pertinent factors de novo “against the ‘corrupting effect’ of the suggestive identification itself.” Ibarra, 11 S.W.3d at 195 -96 (citing Loserth, 963 S.W.2d at 773-74 ); Delk, 855 S.W.2d at 706 . 2000By adding these two to the Wade factors, we increase the number of factors we consider to eight, and evaluate all of them in the light most favorable to the trial court’s ruling, weighing them and other pertinent factors de novo “against the ‘corrupting effect’ of the suggestive identification itself.” Ibarra, 11 S.W.3d at 195 -96 (citing Loserth, 963 S.W.2d at 773-74 ); Delk, 855 S.W.2d at 706 .	1	2000–2000
Ibarra v. State green texcrimapp · 1999 2 sentences 2000By adding these two to the Wade factors, we increase the number of factors we consider to eight, and evaluate all of them in the light most favorable to the trial court’s ruling, weighing them and other pertinent factors de novo “against the ‘corrupting effect’ of the suggestive identification itself.” Ibarra, 11 S.W.3d at 195 -96 (citing Loserth, 963 S.W.2d at 773-74 ); Delk, 855 S.W.2d at 706 . 2000By adding these two to the Wade factors, we increase the number of factors we consider to eight, and evaluate all of them in the light most favorable to the trial court’s ruling, weighing them and other pertinent factors de novo “against the ‘corrupting effect’ of the suggestive identification itself.” Ibarra, 11 S.W.3d at 195 -96 (citing Loserth, 963 S.W.2d at 773-74 ); Delk, 855 S.W.2d at 706 .	1	2000–2000
Williams v. State green texcrimapp · 1989 1 sentence 1999While it is true that a defendant in a criminal case must establish the truth of the allegations contained in his motion for new trial, see id. , we do not agree with the State's contention that Wade's failure to adduce evidence at the hearing precluded the trial court from granting a new trial.	1	1999–1999
DeBord v. Muller green tex · 1969 1 sentence 1977DeBord v. Muller, 446 S.W.2d 299 (Tex.Sup.1969).	1	1977–1977

Where else courts name it

NY 1204 (1971–2026) NJ 120 (1968–2026) MI 36 (1967–2026) TX 14 (1977–2023) PA 12 (1970–2023) CA 10 (1967–2022) IL 9 (1971–2007) OH 9 (1933–2023) MO 8 (1967–2020) FL 6 (1968–2017) WI 6 (1973–2021) KS 5 (2010–2025) MS 4 (1973–2024) CT 4 (1970–2016) IN 4 (1969–1999) GA 3 (1991–2016) VT 3 (1980–2008) AZ 3 (1973–2021) DE 3 (1971–1972) KY 2 (2021–2021) WA 2 (1984–2006) NM 2 (1973–1990) RI 2 (1972–1987) NC 2 (1969–2000)

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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