Boyd principle (Texas) · Go Syfert
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Boyd principle in Texas

11 Texas opinions name it 1 courts 1955–2021 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 (7)

CaseFollowedCited
Garza v. Texas Department of Human Servicesgreen
texapp · 1988 · cited in 2 Texas opinions naming this issue, 2007–2007
2 sentences

2007See Bollard v. Berchelmann , 921 S.W.2d 861, 864-65 (Tex. App.--San Antonio 1996, orig. proceeding); Garza v. Texas Dep't of Human Servs. , 757 S.W.2d 44, 47-48 (Tex. App.--San Antonio 1988, writ denied); see also Tex. Fam.

2007See Bollard v. Berchelmann, 921 S.W.2d 861, 864-65 (Tex. App.—San Antonio 1996, orig. proceeding); Garza v. Texas Dep’t of Human Servs., 757 S.W.2d 44, 47-48 (Tex. App.—San Antonio 1988, writ denied); see also Tex. Fam.

22
Bollard v. Berchelmanngreen
texapp · 1996 · cited in 2 Texas opinions naming this issue, 2007–2007
2 sentences

2007See Bollard v. Berchelmann , 921 S.W.2d 861, 864-65 (Tex. App.--San Antonio 1996, orig. proceeding); Garza v. Texas Dep't of Human Servs. , 757 S.W.2d 44, 47-48 (Tex. App.--San Antonio 1988, writ denied); see also Tex. Fam.

2007See Bollard v. Berchelmann, 921 S.W.2d 861, 864-65 (Tex. App.—San Antonio 1996, orig. proceeding); Garza v. Texas Dep’t of Human Servs., 757 S.W.2d 44, 47-48 (Tex. App.—San Antonio 1988, writ denied); see also Tex. Fam.

22
In the Interest of A.K.S.green
texapp · 1987 · cited in 2 Texas opinions naming this issue, 1995–1995
2 sentences

1995Applying the Boyd standard, the Beaumont Court of Appeals determined that evidence of a father’s imprisonment combined with the type of crime for which he was imprisoned — rape—and his compulsion to exhibit his genitals to women “is clear and convincing proof that Respondent’s conduct endangers the child.” In re A.K.S., 736 S.W.2d 145, 146 (Tex.App.-Beaumont 1987, no writ).

1995Applying the Boyd standard, the Beaumont Court of Appeals determined that evidence of a father’s imprisonment combined with the type of crime for which he was imprisoned — rape—and his compulsion to exhibit his genitals to women “is clear and convincing proof that Respondent’s conduct endangers the child.” In re A.K.S., 736 S.W.2d 145, 146 (Tex.App.-Beaumont 1987, no writ).

22
cluster 384998green
ca5 · 1981 · cited in 2 Texas opinions naming this issue, 1983–1985
2 sentences

1985First, the Fifth Circuit Court of Appeals, in United States v. Davis, 636 F.2d at 1043 , relying on Boyd v. United States, 116 U.S. 616 , 6 S.Ct. 524 , 29 L.Ed. 746 (1886), has held that "any incriminating papers in the actual or constructive possession of an individual, which he holds in his individual capacity, rather than in a representative capacity, and which he himself wrote or which were written under his immediate supervision, are absolutely protected by the Boyd principle from production by subpoena or equivalent process ..." This might be called the "personal papers" privilege.

1985First, the Fifth Circuit Court of Appeals, in United States v. Davis, 636 F.2d at 1043 , relying on Boyd v. United States, 116 U.S. 616 , 6 S.Ct. 524 , 29 L.Ed. 746 (1886), has held that “any incriminating papers in the actual or constructive possession of an individual, which he holds in his individual capacity, rather than in a representative capacity, and which he himself wrote or which were written under his immediate supervision, are absolutely protected by the Boyd principle from production by subpoena or equivalent process ...” This might be called the “personal papers” privilege.

12
Robert Cruz Lozano v. Stategreen
texapp · 2012 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021See Lozano, 359 S.W.3d at 814 .

11
Providence Lloyds Insurance Co. v. Crystal City Independent School Districtgreen
texapp · 1994 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Sch. determine if, given Boyd’s error, the “valid” portion of Dist., 877 S.W.2d 872, 875 (Tex.App.—San Antonio the award should stand.

11
Harris v. Herbersgreen
texapp · 1992 · cited in 1 Texas opinions naming this issue, 1995–1995
2 sentences

1995However, "if the evidence, including the imprisonment, shows a course of conduct which has the effect of endangering the physical or emotional well-being of a child, a finding under section 15.02(a)(1)(E) is supportable." Id. at 534 ; see also Harris v. Herbers, 838 S.W.2d 938, 942-43 (Tex.App.— Houston [1st Dist.] 1992, no writ) (determining that the evidence, including appellant's imprisonment and drug use, indicated a course of conduct that endangered his children). *248 Applying the Boyd standard, the Beaumont Court of Appeals determined that evidence of a father's imprisonment combined wi

1995However, "if the evidence, including the imprisonment, shows a course of conduct which has the effect of endangering the physical or emotional well-being of a child, a finding under section 15.02(a)(1)(E) is supportable." Id. at 534 ; see also Harris v. Herbers, 838 S.W.2d 938, 942-43 (Tex.App.— Houston [1st Dist.] 1992, no writ) (determining that the evidence, including appellant's imprisonment and drug use, indicated a course of conduct that endangered his children). *248 Applying the Boyd standard, the Beaumont Court of Appeals determined that evidence of a father's imprisonment combined wi

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 (6)

CaseCitedYears
State v. Evans green
texcrimapp · 1992
1 sentence

2021Id. (quoting Evans, 843 S.W.2d at 578 ). 9 Here, the trial court granted Gallien’s motion for mistrial for the guilt- innocence phase after the jury had returned a guilty verdict and after Gallien’s motion for mistrial had been granted for the punishment phase.

12021–2021
State v. Boyd green
texapp · 2006
2 sentences

2021Id.

2021Id. (quoting Evans, 843 S.W.2d at 578 ). 9 Here, the trial court granted Gallien’s motion for mistrial for the guilt- innocence phase after the jury had returned a guilty verdict and after Gallien’s motion for mistrial had been granted for the punishment phase.

12021–2021
Boyd v. State green
texapp · 1995
1 sentence

1999Boyd , 899 S.W.2d at 376 .

11999–1999
Texas Department of Human Services v. Boyd green
tex · 1987
2 sentences

1995However, "if the evidence, including the imprisonment, shows a course of conduct which has the effect of endangering the physical or emotional well-being of a child, a finding under section 15.02(a)(1)(E) is supportable." Id. at 534 ; see also Harris v. Herbers, 838 S.W.2d 938, 942-43 (Tex.App.— Houston [1st Dist.] 1992, no writ) (determining that the evidence, including appellant's imprisonment and drug use, indicated a course of conduct that endangered his children). *248 Applying the Boyd standard, the Beaumont Court of Appeals determined that evidence of a father's imprisonment combined wi

1995However, "if the evidence, including the imprisonment, shows a course of conduct which has the effect of endangering the physical or emotional well-being of a child, a finding under section 15.02(a)(1)(E) is supportable." Id. at 534 ; see also Harris v. Herbers, 838 S.W.2d 938, 942-43 (Tex.App.— Houston [1st Dist.] 1992, no writ) (determining that the evidence, including appellant's imprisonment and drug use, indicated a course of conduct that endangered his children). *248 Applying the Boyd standard, the Beaumont Court of Appeals determined that evidence of a father's imprisonment combined wi

11995–1995
Boyd v. United States red
scotus · 1886
2 sentences

1985First, the Fifth Circuit Court of Appeals, in United States v. Davis, 636 F.2d at 1043 , relying on Boyd v. United States, 116 U.S. 616 , 6 S.Ct. 524 , 29 L.Ed. 746 (1886), has held that "any incriminating papers in the actual or constructive possession of an individual, which he holds in his individual capacity, rather than in a representative capacity, and which he himself wrote or which were written under his immediate supervision, are absolutely protected by the Boyd principle from production by subpoena or equivalent process ..." This might be called the "personal papers" privilege.

1985First, the Fifth Circuit Court of Appeals, in United States v. Davis, 636 F.2d at 1043 , relying on Boyd v. United States, 116 U.S. 616 , 6 S.Ct. 524 , 29 L.Ed. 746 (1886), has held that "any incriminating papers in the actual or constructive possession of an individual, which he holds in his individual capacity, rather than in a representative capacity, and which he himself wrote or which were written under his immediate supervision, are absolutely protected by the Boyd principle from production by subpoena or equivalent process ..." This might be called the "personal papers" privilege.

11985–1985
Tarrant v. Walker green
tex · 1942
2 sentences

1955In reversing the judgment of the trial court overruling Boyd’s plea of privilege' to be sued in Dallas County, and rendering judgment sustaining such plea, Justice Norvell said: .“Since, exception 29a, if operative at all, must be ancillary to some other exception to Article 1995, Tarrant v. Walker, [ 140 Tex. 249 ], 166 S.W.2d 900 , the question presented' is whether or not the cause of action against Jack, based upon his endorsement of Boyd’s note is maintainable in Bexar County under the claimed exception — No. 5.

1955In reversing the judgment of the trial court overruling Boyd’s plea of privilege' to be sued in Dallas County, and rendering judgment sustaining such plea, Justice Norvell said: .“Since, exception 29a, if operative at all, must be ancillary to some other exception to Article 1995, Tarrant v. Walker, [ 140 Tex. 249 ], 166 S.W.2d 900 , the question presented' is whether or not the cause of action against Jack, based upon his endorsement of Boyd’s note is maintainable in Bexar County under the claimed exception — No. 5.

11955–1955

Where else courts name it

CA 21 (1983–2016) OH 12 (2002–2025) TX 11 (1955–2021) IL 9 (1997–2020) DC 9 (1988–2024) FL 9 (1985–2021) IN 6 (2008–2020) WA 6 (2010–2020) OR 6 (1983–2025) GA 6 (1979–2026) AL 5 (2003–2012) PA 5 (1997–2023) MS 4 (2001–2018) NJ 4 (1979–2020) MD 4 (1962–1997) VA 3 (1991–2000) CT 3 (2017–2017) IA 3 (1982–2024) NY 3 (1917–2021) MI 3 (1977–1992) KS 3 (2002–2004) KY 2 (1965–2011) MO 2 (1965–1972) AZ 2 (2020–2023) SD 2 (1987–1987) LA 2 (1999–2015)

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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