writ without hearing (Texas) · Go Syfert
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writ without hearing in Texas

14 Texas opinions name it 3 courts 1916–2024 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 (6)

CaseFollowedCited
Ex Parte Villanuevagreen
texcrimapp · 2008 · cited in 3 Texas opinions naming this issue, 2015–2015
2 sentences

2015(Exhibit 2, 4); See Ex parte Villanueva, 252 S.W.3d 391, 394 (Tex. Cr.

2015(Exhibit 2, 4); See Ex parte Villanueva, 252 S.W.3d 391, 394 (Tex. Cr.

33
Lofton v. Stategreen
texcrimapp · 1989 · cited in 2 Texas opinions naming this issue, 2016–2020
2 sentences

2020“If the trial court can determine from the face of the petition or the documents attached thereto that the applicant’s claim for habeas relief is ‘utterly without merit[,]’ the trial court is ‘justified in refusing to grant (issue) the writ without hearing it.’” Id. (quoting Lofton v. State, 777 S.W.2d 96, 97 (Tex. Crim.

2016If the trial court can determine from the face of the petition or-the documents attached thereto that the applicant’s claim for habeas relief is “utterly without merit[,]” the trial court is “justified in refusing to grant (issue) the writ-without hearing it.” Lofton v. State, 777 S.W.2d 96, 97 (Tex.Crim.App.1989).

22
Ex Parte Jordangreen
texcrimapp · 1983 · cited in 2 Texas opinions naming this issue, 2000–2000
2 sentences

2000See Ex parte Jordan , 659 S.W.2d 827, 828 (Tex. Crim.

2000See Ex parte Jordan, 659 S.W.2d 827, 828 (Tex.Crim.App.1983).

22
Kniatt v. Stategreen
texcrimapp · 2006 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Kniatt v. State, 206 S.W.3d 657, 664 (Tex. Crim.

11
Ex Parte Robinsongreen
texcrimapp · 1982 · cited in 1 Texas opinions naming this issue, 1989–1989
1 sentence

1989While his claim may be entertained by a habeas court, Ex parte Robinson, supra, at 555, it is so utterly without merit that upon examining the petition under Article 11.10, Y.A.C.C.P., the judge would be fully justified in refusing to grant (issue) the writ without hearing it.

11
Ex Parte Davilagreen
tex · 1986 · cited in 1 Texas opinions naming this issue, 1987–1987
1 sentence

1987See Ex parte Davila, 718 S.W.2d 281 (Tex.1986).

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 (4)

CaseCitedYears
Purchase v. State green
texapp · 2004
2 sentences

2024In Purchase v. State, 176 S.W.3d 406 (Tex. App.— Houston [1st Dist.] 2004, no pet.), this Court concluded that the trial court did not reach the merits of the defendant’s application for writ of habeas corpus where the trial court (1) denied the writ without hearing evidence or argument regarding the defendant's claims and (2) did not express an opinion on the merits of the defendant’s claims.

2021In Purchase v. State, 176 S.W.3d 406 (Tex. App.—Houston [1st Dist.] 2004, no pet.), this Court concluded that the trial court did not reach the merits of the defendant’s application for writ of habeas corpus where the trial court (1) denied the writ without hearing evidence or argument regarding the defendant’s claims and (2) did not express an opinion on the merits of the defendant’s claims.

32021–2024
Ex parte Walker green
texapp · 2016
1 sentence

2020“If the trial court can determine from the face of the petition or the documents attached thereto that the applicant’s claim for habeas relief is ‘utterly without merit[,]’ the trial court is ‘justified in refusing to grant (issue) the writ without hearing it.’” Id. (quoting Lofton v. State, 777 S.W.2d 96, 97 (Tex. Crim.

12020–2020
Holbein v. De La Garza green
texapp · 1910
1 sentence

1916Commissioners of Floyd County v. Nichols, 142 S. W. 37 ; Holbein v. De La Garza, 59 Tex. Civ.

11916–1916
Commissioners' Court of Floyd County v. Nichols neutral
· 1911
1 sentence

1916Commissioners of Floyd County v. Nichols, 142 S. W. 37 ; Holbein v. De La Garza, 59 Tex. Civ.

11916–1916

Where else courts name it

TX 14 (1916–2024) NY 2 (1958–1972)

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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