What standard (Texas) · Go Syfert
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What standard in Texas

13 Texas opinions name it 3 courts 1946–2022 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)

CaseFollowedCited
Puente v. Stategreen
texapp · 1994 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See Puente, 888 S.W.2d at 528 ; see also Ellis v. State, 241 S.W.3d 172, 179 (Tex. 7 Muniz-Luna’s brief also indicates that the trial court erred in failing to give an instruction on the burden of proof at the time that the evidence of the extraneous offenses was admitted.

2010See Puente , 888 S.W.2d at 528 ; see also Ellis v. State , 241 S.W.3d 172, 179 (Tex. App.--Eastland 2007, pet. ref'd) ("A request for a limiting instruction must inform the trial court as to what limitations should be placed upon the evidence.").

22
Wells v. Stategreen
texapp · 2007 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See Puente, 888 S.W.2d at 528 ; see also Ellis v. State, 241 S.W.3d 172, 179 (Tex. 7 Muniz-Luna’s brief also indicates that the trial court erred in failing to give an instruction on the burden of proof at the time that the evidence of the extraneous offenses was admitted.

2010See Puente , 888 S.W.2d at 528 ; see also Ellis v. State , 241 S.W.3d 172, 179 (Tex. App.--Eastland 2007, pet. ref'd) ("A request for a limiting instruction must inform the trial court as to what limitations should be placed upon the evidence.").

22
In Re Mhgreen
texapp · 2010 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022Code § 700.1309 (3) (2022) (Tex. Dep’t of Fam. & Protective Servs., What factors does DFPS consider when selecting the most appropriate living arrangement for a child?) (listing factors the Department considers when selecting a child’s substitute-care placement including that “[s]iblings removed from their home should be placed together unless such placement would be contrary to [a sibling’s] safety or well-being”); cf. In re M.H., 319 S.W.3d 137, 154 (Tex. App.—Waco 2010, no pet.) (clarifying, in conservatorship best interest analysis, that the preference that siblings be kept together does n

11
Posey v. Stategreen
texcrimapp · 1998 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021Bell - 7 In contrast, jury-charge error stems from the denial of a defendant’s right to have the trial court provide the jury with instructions correctly setting forth the “law applicable to the case.” Posey v. State, 966 S.W.2d 57, 62 (Tex. Crim.

11
Ex Parte Reedygreen
texcrimapp · 2009 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015To provide effective assistance concerning plea matters, “counsel has a duty to render his best judgment to his client about What plea to enter, and that judgment should be informed by an adequate and independent investigation of the facts of the case.” Ex parte Reea’y, 282 S.W.3d 492, 500 (Tex. Crim.

11
William Carl Wooley v. Randy Schaffergreen
texapp · 2014 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015In 2011, this deficiency was remedied when the Legislature promulgated section 22.004(g) of the Texas Government Code, which provides that the 'supreme court shall adopt rules to provide for the dismissal of causes of action that have no basis in law or fact on motion and without evidence.' See Tex. Gov't Code Ann. § 22.004 (g) (West 2013).''). 23 Schaffer, 447 S.W.3d 71, 74 (Tex.App.- Houston [14th Dist.] 2014, reh'g overruled Oct. 9, 2014)("We must decide as a matter of first impression in this court what standard of review to apply to a trial court's ruling on a motion to dismiss under Rule

11
NEXION HEALTH AT BEECHNUT, INC. v. Paulgreen
texapp · 2011 · cited in 1 Texas opinions naming this issue, 2014–2014
2 sentences

2014See, e.g., Nexion Health at Beechnut, Inc. v. Paul, 335 S.W.3d 716, 718 (Tex.App.-Houston [14th Dist.] 2011, no pet.) (applying de novo standard to review motion to dismiss in healthcare liability case when issue was whether service had been effected properly); Singleton v. Casteel, 267 S.W.3d 547, 550 (Tex.App.-Houston [14th Dist.] 2008, pet. denied) (applying de novo standard to review motion to dismiss to determine whether official immunity applied under Texas Tort Claims Act); Harris Cnty.

2014See, e.g., Nexion Health at Beechnut, Inc. v. Paul, 335 S.W.3d 716, 718 (Tex. App.—Houston [14th Dist.] 2011, no pet.) (applying de novo standard to review motion to dismiss in healthcare liability case when issue was whether service had been effected properly); Singleton v. Casteel, 267 S.W.3d 547, 550 (Tex. App.—Houston [14th Dist.] 2008, pet. denied) (applying de novo standard to review motion to dismiss to determine whether official immunity applied under Texas Tort Claims Act); Harris Cnty.

11
Singleton v. Casteelgreen
texapp · 2008 · cited in 1 Texas opinions naming this issue, 2014–2014
2 sentences

2014See, e.g., Nexion Health at Beechnut, Inc. v. Paul, 335 S.W.3d 716, 718 (Tex.App.-Houston [14th Dist.] 2011, no pet.) (applying de novo standard to review motion to dismiss in healthcare liability case when issue was whether service had been effected properly); Singleton v. Casteel, 267 S.W.3d 547, 550 (Tex.App.-Houston [14th Dist.] 2008, pet. denied) (applying de novo standard to review motion to dismiss to determine whether official immunity applied under Texas Tort Claims Act); Harris Cnty.

2014See, e.g., Nexion Health at Beechnut, Inc. v. Paul, 335 S.W.3d 716, 718 (Tex. App.—Houston [14th Dist.] 2011, no pet.) (applying de novo standard to review motion to dismiss in healthcare liability case when issue was whether service had been effected properly); Singleton v. Casteel, 267 S.W.3d 547, 550 (Tex. App.—Houston [14th Dist.] 2008, pet. denied) (applying de novo standard to review motion to dismiss to determine whether official immunity applied under Texas Tort Claims Act); Harris Cnty.

11
Coan v. Wintersgreen
texapp · 1983 · cited in 1 Texas opinions naming this issue, 1986–1986
1 sentence

1986See Coan v. Winters, 646 S.W.2d 655, 657-58 (Tex.App.—Fort Worth 1983, writ ref’d n.r.e.).

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 (8)

CaseCitedYears
Brown v. Illinois green
scotus · 1975
2 sentences

1988Since there were no federal constitutional violations here involved, we are not bound to follow the analysis in Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975).

1988Since there were no federal constitutional violations here involved, we are not bound to follow the analysis in Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975).

21986–1988
Manry v. Robison green
· 1932
1 sentence

2020What rule should be applied to relicted lands below tidewater is not before us, and no opinion is expressed thereon.” Id. at 449 .

12020–2020
GoDaddy.com, LLC v. Hollie Toups green
texapp · 2014
1 sentence

2015Ins., 431 S.W.3d 817 (Tex.App.- Austin 2014, no pet.); GoDaddy.com, LLC v. Toups, 429 S.W.3d at 754 .

12015–2015
City of Austin v. Liberty Mutual Insurance green
texapp · 2014
1 sentence

2015Ins., 431 S.W.3d 817 (Tex.App.- Austin 2014, no pet.); GoDaddy.com, LLC v. Toups, 429 S.W.3d at 754 .

12015–2015
United States v. Halper red
scotus · 1989
2 sentences

1996Alas, the United States Supreme Court has addressed that circumstance as well and has declared that we follow the historical concept of “rough justice.” United States v. Halper, 490 U.S. at 447-48 , 109 S.Ct. at 1901-02 , 104 L.Ed.2d at 502 .

1996Alas, the United States Supreme Court has addressed that circumstance as well and has declared that we follow the historical concept of “rough justice.” United States v. Halper, 490 U.S. at 447-48 , 109 S.Ct. at 1901-02 , 104 L.Ed.2d at 502 .

11996–1996
Self v. State green
texcrimapp · 1986
1 sentence

1988Explaining the proper analysis to be conducted in these types of cases, Presiding Judge Onion, in Self v. State, 709 S.W.2d 662 (Tex.Cr.App.1986), wrote: “What analysis are we to follow to determine whether appellant’s confession was the fruit of his illegal warrantless arrest in violation of Chapter 14 of the Texas Code of Criminal Procedure?

11988–1988
Brown v. Humble Oil & Refining Co. green
tex · 1935
1 sentence

1946In the Brown case, above, Judge Sharp used this language [ 126 Tex. 296 , 87 S.W.2d 1070 ]: “There are many factors, facts, and circumstances, which we shall not undertake to detail here, in each case and in each hearing, which must be considered, weighed, and given effect, in the fair and reasonable administration of such laws, rules, and exceptions.

11946–1946
Settegast v. Second National Bank green
tex · 1935
1 sentence

1946In the Brown case, above, Judge Sharp used this language [ 126 Tex. 296 , 87 S.W.2d 1070 ]: “There are many factors, facts, and circumstances, which we shall not undertake to detail here, in each case and in each hearing, which must be considered, weighed, and given effect, in the fair and reasonable administration of such laws, rules, and exceptions.

11946–1946

Where else courts name it

CA 83 (1914–2026) IL 70 (1905–2026) NY 33 (1890–2020) PA 22 (1923–2020) MO 18 (1901–2006) OR 18 (1972–2025) MI 15 (1976–2024) AL 14 (1883–2026) TX 13 (1946–2022) WV 13 (1912–2023) NC 9 (1886–2013) MT 8 (1934–2000) OH 8 (1989–2022) NJ 8 (1911–2023) IN 8 (1886–2016) CO 8 (1976–2020) AZ 8 (1953–2021) CT 6 (1987–2007) GA 6 (1917–2025) MS 5 (1973–2016) DE 5 (1978–2024) MD 4 (1995–2018) KS 4 (1924–2004) NM 4 (1972–2024) IA 4 (1965–2018) WA 4 (1971–2020) LA 3 (1914–1986) WY 3 (1969–2018) MN 3 (1918–1985) KY 2 (1935–2018) ME 2 (1887–2010) MA 2 (1977–1987) UT 2 (1991–2016) VT 2 (1974–1991) FL 2 (1999–1999) WI 2 (1981–2008) RI 2 (1882–2005)

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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