failure to submit instruction (Texas) · Go Syfert
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failure to submit instruction in Texas

12 Texas opinions name it 2 courts 1980–2021 1 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 (10)

CaseFollowedCited
Boatland of Houston, Inc. v. Baileygreen
tex · 1980 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See Boatland of Houston, Inc., 609 S.W.2d at 750 ; see also Alvarado, 897 S.W.2d at 752 ; Mo. Pac.

2010See Boatland of Houston, Inc. , 609 S.W.2d at 750 ; see also Alvarado , 897 S.W.2d at 752 ; Mo. Pac.

22
City of Brownsville v. Alvaradogreen
tex · 1995 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See Boatland of Houston, Inc., 609 S.W.2d at 750 ; see also Alvarado, 897 S.W.2d at 752 ; Mo. Pac.

2010See Boatland of Houston, Inc. , 609 S.W.2d at 750 ; see also Alvarado , 897 S.W.2d at 752 ; Mo. Pac.

22
Reyes v. Statered
texcrimapp · 1996 · cited in 2 Texas opinions naming this issue, 2001–2001
2 sentences

2001Reyes v. State, 938 S.W.2d 718, 721 (Tex.Crim.App.1996).

2001Reyes v. State, 938 S.W.2d 718, 721 (Tex. Crim.

22
Romo v. Stategreen
texcrimapp · 1978 · cited in 2 Texas opinions naming this issue, 1981–1987
2 sentences

1987See Johnson v. State, 629 S.W.2d 731, 736 (Tex.Crim.App.1981) (en banc); Romo *442 v. State, 568 S.W.2d 298 (Tex.Crim.App.1977) (opinion on reh’g).

1981See Romo v. State, 568 S.W.2d 298 (Tex.Cr.App.1978) (opinion on rehearing).

12
Railroad Commission v. Gulf Energy Exploration Corp.green
tex · 2016 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021See 482 S.W.3d at 571-72 .

11
Ring v. Arizonagreen
scotus · 2002 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008If the Legislature simply designates that the instruction or issue be submitted, we would construe the failure to submit as error, regardless of who would benefit from the submission.85 To allow the omission of a parole instruction to be completely 82 See, for example, Ring v. Arizona, 536 U.S. 584, 597-609 (2002) (viewing death penalty sentencing procedure in which at least one aggravating circumstance must be found to justify the death penalty [as is constitutionally required] as increasing punishment beyond the statutory maximum based upon a finding of fact, thus requiring a jury determinat

11
Almanza v. Stategreen
texcrimapp · 1985 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008If the Legislature simply designates that the instruction or issue be submitted, we would construe the failure to submit as error, regardless of who would benefit from the submission.85 To allow the omission of a parole instruction to be completely 82 See, for example, Ring v. Arizona, 536 U.S. 584, 597-609 (2002) (viewing death penalty sentencing procedure in which at least one aggravating circumstance must be found to justify the death penalty [as is constitutionally required] as increasing punishment beyond the statutory maximum based upon a finding of fact, thus requiring a jury determinat

11
Paulson v. Stategreen
texcrimapp · 2000 · cited in 1 Texas opinions naming this issue, 2004–2004
1 sentence

2004After over a hundred years of not requiring or encouraging any jury instruction defining reasonable doubt, the Texas Court of Criminal Appeals held in 1991 and 1996, respectively, that: (1) a prescribed A Geesa @ instruction, defining reasonable doubt, was not only permissible but mandatory; [5] and (2) a failure to submit this instruction, whether or not requested, was automatic reversible error, immune from harm analysis. [6] See Paulson v. State , 28 S.W.3d 570, 571 (Tex. Crim.

11
Johnson v. Stategreen
texcrimapp · 1981 · cited in 1 Texas opinions naming this issue, 1987–1987
1 sentence

1987See Johnson v. State, 629 S.W.2d 731, 736 (Tex.Crim.App.1981) (en banc); Romo *442 v. State, 568 S.W.2d 298 (Tex.Crim.App.1977) (opinion on reh’g).

11
State Highway Department v. Pinnergreen
texapp · 1975 · cited in 1 Texas opinions naming this issue, 1980–1980
1 sentence

1980State Highway Dept. v. Pinner, 531 S.W.2d 851, 855 (Tex.Civ.App.—Beaumont 1975, no writ). *675 In the submission of issues to the jury, all four statutory provisions of Art. 6701d, § 86 were included in the charge.

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Posey v. Stategreen
texcrimapp · 1998 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008App. 1985)(construing Art. 36.19). 84 966 S.W.2d at 63 . 85 Delgado, 235 S.W.3d at 252 n.34 (In Huizar, this Court distinguished Posey and explained the difference between instructing the jury on “defensive” issues and instructing them on the law that is applicable to all cases)(quoting Huizar v. State, 12 S.W.3d 479 , 484 n.7 (Tex. Crim.

11

Also cited on this issue (8)

CaseCitedYears
Donald James Burd v. State green
texapp · 2013
1 sentence

2015Id. at 74 .

12015–2015
Delgado v. State green
texcrimapp · 2007
1 sentence

2008App. 1985)(construing Art. 36.19). 84 966 S.W.2d at 63 . 85 Delgado, 235 S.W.3d at 252 n.34 (In Huizar, this Court distinguished Posey and explained the difference between instructing the jury on “defensive” issues and instructing them on the law that is applicable to all cases)(quoting Huizar v. State, 12 S.W.3d 479 , 484 n.7 (Tex. Crim.

12008–2008
Huizar v. State green
texcrimapp · 2000
1 sentence

2008App. 1985)(construing Art. 36.19). 84 966 S.W.2d at 63 . 85 Delgado, 235 S.W.3d at 252 n.34 (In Huizar, this Court distinguished Posey and explained the difference between instructing the jury on “defensive” issues and instructing them on the law that is applicable to all cases)(quoting Huizar v. State, 12 S.W.3d 479 , 484 n.7 (Tex. Crim.

12008–2008
Apprendi v. New Jersey green
scotus · 2000
1 sentence

2008If the Legislature simply designates that the instruction or issue be submitted, we would construe the failure to submit as error, regardless of who would benefit from the submission.85 To allow the omission of a parole instruction to be completely 82 See, for example, Ring v. Arizona, 536 U.S. 584, 597-609 (2002) (viewing death penalty sentencing procedure in which at least one aggravating circumstance must be found to justify the death penalty [as is constitutionally required] as increasing punishment beyond the statutory maximum based upon a finding of fact, thus requiring a jury determinat

12008–2008
Hickman v. Durham neutral
texapp · 1948
1 sentence

1982Tex.R.Civ.P. 279; Samford v. Duff, 483 S.W.2d 517 (Tex.Civ.App.—Corpus Christi 1972, writ ref. n.r.e.); Avant v. Gulf Coast Investment Corporation, 457 S.W.2d 134 (Tex.Civ.App.—Dallas 1970, no writ); Hickman v. Durham, 213 S.W.2d 569 (Tex.Civ.App.—Eastland 1948, writ ref. n. r. e.).

11982–1982
Samford v. Duff green
texapp · 1972
1 sentence

1982Tex.R.Civ.P. 279; Samford v. Duff, 483 S.W.2d 517 (Tex.Civ.App.—Corpus Christi 1972, writ ref. n.r.e.); Avant v. Gulf Coast Investment Corporation, 457 S.W.2d 134 (Tex.Civ.App.—Dallas 1970, no writ); Hickman v. Durham, 213 S.W.2d 569 (Tex.Civ.App.—Eastland 1948, writ ref. n. r. e.).

11982–1982
Avant v. Gulf Coast Investment Corporation green
texapp · 1970
1 sentence

1982Tex.R.Civ.P. 279; Samford v. Duff, 483 S.W.2d 517 (Tex.Civ.App.—Corpus Christi 1972, writ ref. n.r.e.); Avant v. Gulf Coast Investment Corporation, 457 S.W.2d 134 (Tex.Civ.App.—Dallas 1970, no writ); Hickman v. Durham, 213 S.W.2d 569 (Tex.Civ.App.—Eastland 1948, writ ref. n. r. e.).

11982–1982
Southern Pacific Company v. Castro green
tex · 1973
1 sentence

1980Even though the appellants may have been entitled to an instruction informing the jury about the statutory uniform standard of care (Castro, supra, at 498 ), no reversible error was committed by the failure to submit such instruction.

11980–1980

Statutes the citing opinions construe

TX § Tex. Penal Code § 19.02 (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 12 (1980–2021) MO 12 (1934–2014) CA 3 (2023–2024) PA 3 (1985–2023) MS 2 (1996–1998)

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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