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13 Texas opinions name it 3 courts 1942–2025 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.
| Case | Followed | Cited |
|---|---|---|
Greenwell v. COURT OF APP. THIRTEENTH JUD. DIST.green2 sentences2009See Greenwell v. Thirteenth Court of Appeals, 159 S.W.3d 645, 649 (Tex. Crim. 2009See Greenwell v. Thirteenth Court of Appeals , 159 S.W.3d 645, 649 (Tex. Crim. | 2 | 2 |
Bayer Corp. v. DX Terminals, Ltd.green2 sentences2008As discussed, evidence of custom and usage in an industry may be used when a contract is silent on a particular term, see Energen , 23 S.W.3d at 557 , but it may not be used to contradict an express term in a contract, see Bayer Corp. v. DX Terminals, Ltd. , 214 S.W.3d 586, 598 (Tex. App.--Houston [14th Dist.] 2006, pet. denied) (custom and usage may not be used to contradict contract's express terms). 2008As discussed, evidence of custom and usage in an industry may be used when a contract is silent on a particular term, see Energen, 23 S.W.3d at 557 , but it may not be used to contradict an express term in a contract, see Bayer Corp. v. DX Terminals, Ltd., 214 S.W.3d 586, 598 (Tex. App.—Houston [14th Dist.] 2006, pet. denied) (custom and usage may not be used to contradict contract’s express terms). | 2 | 2 |
Wallace L. Hall, Jr., in His Official Capacity as a Regent for the University of Texas System v. William H. McRaven, in His Official Capacity as Chancellor for the University of Texas Systemgreen1 sentence2025See id. at 243 . 18 Thomas filed a document titled, “Ultra Vires Doctrine” wherein he claims that the superintendent and another person denied him due process at his hearing by not taping the hearing or providing a copy of the hearing to him. | 1 | 1 |
London v. Stategreen1 sentence2024See London v. State, 490 S.W.3d 503, 508 (Tex. Crim. | 1 | 1 |
James J. Acosta, Sr. v. Tenneco Oil Company and Mobil Oil Corporationgreen1 sentence2015La. 1992) (holding that defendant failed to show good cause for second examination when no allegations “of a change in the plaintiff’s complaints or in the clinical findings,” and that while the defendant “is equally entitled to be well prepared to address the issue of the plaintiff’s physical condition and need for surgery at trial, there had been no showing to date that a second physical examination . . . would shed any clarifying light upon the dispute”); Acosta v. Tenneco Oil Co., 913 F.2d 205, 209 (5th Cir. 1990) (holding that an independent examination was improper because the defendant | 1 | 1 |
Brown v. Dobbsgreen1 sentence2014See id. | 1 | 1 |
Williams v. Unifund CCR Partners Assignee of Citibankgreen1 sentence2014Compare Williams v. Unifund CCR Partners, 264 S.W.3d 231, 236 (Tex. App.—Houston [1st Dist.] 2008, no pet.) (reversing summary judgment because there was no document produced showing terms of credit card agreement), with Rogers v. Unifund CCR Partners Assignee of Citibank, No. 01-10-01146-CV, 2012 Tex. App. LEXIS 3027 , at *14 (Tex. App.—Houston [1st Dist.] Apr. 19, 6 2012, pet. denied) (mem. op.) (affirming summary judgment based on Unifund’s evidence of credit card agreement, although not original agreement, that reflected agreement’s terms and cardholder’s acceptance of those terms by his c | 1 | 1 |
Thompson v. Stategreen1 sentence2004According to Dr. Price, a six-month interval between testing is deemed necessary to avoid this phenomenon and to yield a valid set of findings. [15] Dr. Price examined in detail what appears to be a subcategory of one of these, denominated "the use of appliances, kitchen tools, and utensils," in which appellant was found to be average. [16] A copy of the hearing transcript was available during the habeas proceedings although a sealed version was also included in the direct appeal record. [17] Kaufman Functional Academic Skills Test. [18] 536 U.S. at 321, 122 S.Ct. 2242 . [19] Atkins, 536 U.S. | 1 | 1 |
Huffman v. Stategreen2 sentences2004According to Dr. Price, a six-month interval between testing is deemed necessary to avoid this phenomenon and to yield a valid set of findings. [15] Dr. Price examined in detail what appears to be a subcategory of one of these, denominated "the use of appliances, kitchen tools, and utensils," in which appellant was found to be average. [16] A copy of the hearing transcript was available during the habeas proceedings although a sealed version was also included in the direct appeal record. [17] Kaufman Functional Academic Skills Test. [18] 536 U.S. at 321, 122 S.Ct. 2242 . [19] Atkins, 536 U.S. 2004According to Dr. Price, a six-month interval between testing is deemed necessary to avoid this phenomenon and to yield a valid set of findings. [15] Dr. Price examined in detail what appears to be a subcategory of one of these, denominated "the use of appliances, kitchen tools, and utensils," in which appellant was found to be average. [16] A copy of the hearing transcript was available during the habeas proceedings although a sealed version was also included in the direct appeal record. [17] Kaufman Functional Academic Skills Test. [18] 536 U.S. at 321, 122 S.Ct. 2242 . [19] Atkins, 536 U.S. | 1 | 1 |
Ex Parte Elizondogreen1 sentence2004According to Dr. Price, a six-month interval between testing is deemed necessary to avoid this phenomenon and to yield a valid set of findings. [15] Dr. Price examined in detail what appears to be a subcategory of one of these, denominated "the use of appliances, kitchen tools, and utensils," in which appellant was found to be average. [16] A copy of the hearing transcript was available during the habeas proceedings although a sealed version was also included in the direct appeal record. [17] Kaufman Functional Academic Skills Test. [18] 536 U.S. at 321, 122 S.Ct. 2242 . [19] Atkins, 536 U.S. | 1 | 1 |
Martinez v. Stategreen1 sentence2004See Martinez v. State, 867 S.W.2d 30, 33-34 (Tex.Crim.App. 1993), cert. denied, 512 U.S. 1246 , 114 S.Ct. 2765 , 129 L.Ed.2d 879 (1994)(defendant could not rely upon evidence of prior adjudication of insanity to establish insanity when he failed to give notice at trial that he wanted to pursue an insanity defense). [39] See Huffman, 479 S.W.2d at 68-69 (applying motion for new trial standard for newly discovered evidence). [40] Fierro, 934 S.W.2d at 373 . [41] Briseno , at * 5-* 6. [42] TEX. | 1 | 1 |
Wallace v. Stategreen1 sentence2004According to Dr. Price, a six-month interval between testing is deemed necessary to avoid this phenomenon and to yield a valid set of findings. [15] Dr. Price examined in detail what appears to be a subcategory of one of these, denominated "the use of appliances, kitchen tools, and utensils," in which appellant was found to be average. [16] A copy of the hearing transcript was available during the habeas proceedings although a sealed version was also included in the direct appeal record. [17] Kaufman Functional Academic Skills Test. [18] 536 U.S. at 321, 122 S.Ct. 2242 . [19] Atkins, 536 U.S. | 1 | 1 |
Ex Parte Fierrogreen2 sentences2004According to Dr. Price, a six-month interval between testing is deemed necessary to avoid this phenomenon and to yield a valid set of findings. [15] Dr. Price examined in detail what appears to be a subcategory of one of these, denominated "the use of appliances, kitchen tools, and utensils," in which appellant was found to be average. [16] A copy of the hearing transcript was available during the habeas proceedings although a sealed version was also included in the direct appeal record. [17] Kaufman Functional Academic Skills Test. [18] 536 U.S. at 321, 122 S.Ct. 2242 . [19] Atkins, 536 U.S. 2004See Martinez v. State, 867 S.W.2d 30, 33-34 (Tex.Crim.App. 1993), cert. denied, 512 U.S. 1246 , 114 S.Ct. 2765 , 129 L.Ed.2d 879 (1994)(defendant could not rely upon evidence of prior adjudication of insanity to establish insanity when he failed to give notice at trial that he wanted to pursue an insanity defense). [39] See Huffman, 479 S.W.2d at 68-69 (applying motion for new trial standard for newly discovered evidence). [40] Fierro, 934 S.W.2d at 373 . [41] Briseno , at * 5-* 6. [42] TEX. | 1 | 1 |
Roe v. Louisiana Supreme Courtgreen2 sentences2004See Martinez v. State, 867 S.W.2d 30, 33-34 (Tex.Crim.App. 1993), cert. denied, 512 U.S. 1246 , 114 S.Ct. 2765 , 129 L.Ed.2d 879 (1994)(defendant could not rely upon evidence of prior adjudication of insanity to establish insanity when he failed to give notice at trial that he wanted to pursue an insanity defense). [39] See Huffman, 479 S.W.2d at 68-69 (applying motion for new trial standard for newly discovered evidence). [40] Fierro, 934 S.W.2d at 373 . [41] Briseno , at * 5-* 6. [42] TEX. 2004See Martinez v. State, 867 S.W.2d 30, 33-34 (Tex.Crim.App. 1993), cert. denied, 512 U.S. 1246 , 114 S.Ct. 2765 , 129 L.Ed.2d 879 (1994)(defendant could not rely upon evidence of prior adjudication of insanity to establish insanity when he failed to give notice at trial that he wanted to pursue an insanity defense). [39] See Huffman, 479 S.W.2d at 68-69 (applying motion for new trial standard for newly discovered evidence). [40] Fierro, 934 S.W.2d at 373 . [41] Briseno , at * 5-* 6. [42] TEX. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Energen Resources MAQ, Inc. v. Dalbosco
green
2 sentences2008As discussed, evidence of custom and usage in an industry may be used when a contract is silent on a particular term, see Energen , 23 S.W.3d at 557 , but it may not be used to contradict an express term in a contract, see Bayer Corp. v. DX Terminals, Ltd. , 214 S.W.3d 586, 598 (Tex. App.--Houston [14th Dist.] 2006, pet. denied) (custom and usage may not be used to contradict contract's express terms). 2008As discussed, evidence of custom and usage in an industry may be used when a contract is silent on a particular term, see Energen, 23 S.W.3d at 557 , but it may not be used to contradict an express term in a contract, see Bayer Corp. v. DX Terminals, Ltd., 214 S.W.3d 586, 598 (Tex. App.—Houston [14th Dist.] 2006, pet. denied) (custom and usage may not be used to contradict contract’s express terms). | 2 | 2008–2008 |
Atkins v. Virginia
green
2 sentences2004According to Dr. Price, a six-month interval between testing is deemed necessary to avoid this phenomenon and to yield a valid set of findings. [15] Dr. Price examined in detail what appears to be a subcategory of one of these, denominated "the use of appliances, kitchen tools, and utensils," in which appellant was found to be average. [16] A copy of the hearing transcript was available during the habeas proceedings although a sealed version was also included in the direct appeal record. [17] Kaufman Functional Academic Skills Test. [18] 536 U.S. at 321, 122 S.Ct. 2242 . [19] Atkins, 536 U.S. 2004According to Dr. Price, a six-month interval between testing is deemed necessary to avoid this phenomenon and to yield a valid set of findings. [15] Dr. Price examined in detail what appears to be a subcategory of one of these, denominated "the use of appliances, kitchen tools, and utensils," in which appellant was found to be average. [16] A copy of the hearing transcript was available during the habeas proceedings although a sealed version was also included in the direct appeal record. [17] Kaufman Functional Academic Skills Test. [18] 536 U.S. at 321, 122 S.Ct. 2242 . [19] Atkins, 536 U.S. | 2 | 2004–2004 |
Brady v. Maryland
green
1 sentence2019The day after he received this report, the prosecutor forwarded a copy to defense counsel “in an abundance of caution.” Defense counsel then moved for a new trial, arguing that the contamination event constituted newly discovered evidence and a violation of Brady v. Maryland, 373 U.S. 83 (1963). | 1 | 2019–2019 |
Ex Parte Briseno
green
1 sentence2004According to Dr. Price, a six-month interval between testing is deemed necessary to avoid this phenomenon and to yield a valid set of findings. [15] Dr. Price examined in detail what appears to be a subcategory of one of these, denominated "the use of appliances, kitchen tools, and utensils," in which appellant was found to be average. [16] A copy of the hearing transcript was available during the habeas proceedings although a sealed version was also included in the direct appeal record. [17] Kaufman Functional Academic Skills Test. [18] 536 U.S. at 321, 122 S.Ct. 2242 . [19] Atkins, 536 U.S. | 1 | 2004–2004 |
Newman v. Worcester County Department of Social Services
green
1 sentence2004According to Dr. Price, a six-month interval between testing is deemed necessary to avoid this phenomenon and to yield a valid set of findings. [15] Dr. Price examined in detail what appears to be a subcategory of one of these, denominated "the use of appliances, kitchen tools, and utensils," in which appellant was found to be average. [16] A copy of the hearing transcript was available during the habeas proceedings although a sealed version was also included in the direct appeal record. [17] Kaufman Functional Academic Skills Test. [18] 536 U.S. at 321, 122 S.Ct. 2242 . [19] Atkins, 536 U.S. | 1 | 2004–2004 |
Vasquez v. Office of Personnel Management
green
1 sentence2004According to Dr. Price, a six-month interval between testing is deemed necessary to avoid this phenomenon and to yield a valid set of findings. [15] Dr. Price examined in detail what appears to be a subcategory of one of these, denominated "the use of appliances, kitchen tools, and utensils," in which appellant was found to be average. [16] A copy of the hearing transcript was available during the habeas proceedings although a sealed version was also included in the direct appeal record. [17] Kaufman Functional Academic Skills Test. [18] 536 U.S. at 321, 122 S.Ct. 2242 . [19] Atkins, 536 U.S. | 1 | 2004–2004 |
Salerno v. United States
green
1 sentence2004According to Dr. Price, a six-month interval between testing is deemed necessary to avoid this phenomenon and to yield a valid set of findings. [15] Dr. Price examined in detail what appears to be a subcategory of one of these, denominated "the use of appliances, kitchen tools, and utensils," in which appellant was found to be average. [16] A copy of the hearing transcript was available during the habeas proceedings although a sealed version was also included in the direct appeal record. [17] Kaufman Functional Academic Skills Test. [18] 536 U.S. at 321, 122 S.Ct. 2242 . [19] Atkins, 536 U.S. | 1 | 2004–2004 |
Gulf Land Co. v. Atlantic Refining Co.
green
2 sentences1942For a copy of the rule see Gulf Land Co. v. Atlantic Refining Co., 134 Texas 59 , 131 S. W. (2d) 73, 77 . 1942For a copy of the rule see Gulf Land Co. v. Atlantic Refining Co., 134 Texas 59 , 131 S. W. (2d) 73, 77 . | 1 | 1942–1942 |
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.