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

11 Texas opinions name it 2 courts 1994–2021 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 (6)

CaseFollowedCited
Medina v. Stategreen
texcrimapp · 1999 · cited in 2 Texas opinions naming this issue, 2018–2018
2 sentences

2018“Where the application paragraph correctly instructs the jury, an error in the abstract instruction is not egregious.” Medina v. State, 7 S.W.3d 633, 640 (Tex. Crim.

2018“Where the application paragraph correctly instructs the jury, an error in the abstract instruction is not egregious.” Medina v. State, 7 S.W.3d 633, 640 (Tex. Crim.

22
Drichas v. Stategreen
texcrimapp · 2005 · cited in 2 Texas opinions naming this issue, 2006–2006
2 sentences

2006See Drichas , 175 S.W.3d at 799 .

2006See Drichas, 175 S.W.3d at 799 .

22
Dinkins v. Stategreen
texcrimapp · 1995 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021But, “[w]hen we review a charge for alleged error, we must examine the charge as a whole . . . .” Dinkins v. 8 State, 894 S.W.2d 330, 339 (Tex. Crim.

11
Bentley v. Buntongreen
tex · 2002 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Hancock, 400 S.W.3d at 65-66 (Gertz allows juries to presume existence of general damages where speech is not public or where plaintiff proves actual malice); Bentley, 94 S.W.3d at 608 (Baker, J., dissent) (Gertz requires a reviewing court to review damage awards, and limit a defamed plaintiff's damages to those reflecting "actual injury," only when the culpability standard is less than actual malice).

11
Joseph E. Hancock v. Easwaran P. Variyamgreen
tex · 2013 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Hancock, 400 S.W.3d at 65-66 (Gertz allows juries to presume existence of general damages where speech is not public or where plaintiff proves actual malice); Bentley, 94 S.W.3d at 608 (Baker, J., dissent) (Gertz requires a reviewing court to review damage awards, and limit a defamed plaintiff's damages to those reflecting "actual injury," only when the culpability standard is less than actual malice).

11
Aguirre v. Stategreen
texcrimapp · 1999 · cited in 1 Texas opinions naming this issue, 2001–2001
1 sentence

2001See id. at 470-77. (1) Language of the Statute.

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
Gertz v. Robert Welch, Inc. green
scotus · 1974
2 sentences

2015Thus, defamed plaintiffs who need only prove a lower culpability standard than actual malice may recover compensation for "actual injury." Gertz, 418 U.S. at 349 .

2002Thus, defamed plaintiffs who need only prove a lower culpability standard than actual malice may only recover compensation for “actual injury.” Gertz, 418 U.S. at 349 .

22002–2015
Thompson v. State green
texapp · 2001
1 sentence

2006Id.

12006–2006
Time, Inc. v. Firestone green
scotus · 1976
2 sentences

2002And, in a later case, the Supreme Court reaffirmed that a private plaintiff may recover mental anguish damages even under a lower culpability standard and required only that the actual damages awarded be supported by “competent evidence.” See Time, Inc., 424 U.S. at 460 , 96 S.Ct. 958 .

2002And, in a later case, the Supreme Court reaffirmed that a private plaintiff may recover mental anguish damages even under a lower culpability standard and required only that the actual damages awarded be supported by “competent evidence.” See Time, Inc., 424 U.S. at 460 , 96 S.Ct. 958 .

12002–2002
J. & J. Beverage Co. v. Texas Alcoholic Beverage Commission green
texapp · 1991
1 sentence

1994J & J Beverage Co., 810 S.W.2d at 861 .

11994–1994

Statutes the citing opinions construe

TX § Tex. Penal Code § 22.02 (4) TX § Tex. Penal Code § 6.02 (4) TX § Tex. Penal Code § 22.01 (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

ND 27 (1981–2026) IN 27 (1984–2020) NJ 18 (1987–2024) PA 17 (1979–2021) CO 11 (1979–2000) TX 11 (1994–2021) CA 10 (1989–2025) UT 8 (1992–2014) MI 6 (1996–2025) OR 5 (1978–2022) AL 4 (1981–2004) TN 4 (1999–2019) NM 4 (2005–2025) NY 3 (2014–2022) WA 3 (1983–2003) OH 3 (2005–2021) IA 3 (1980–2025) NH 2 (1986–2016) VA 2 (2015–2016) MD 2 (1993–1994) MT 2 (1993–1993)

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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