governing legal standard (Texas) · Go Syfert
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governing legal standard in Texas

11 Texas opinions name it 3 courts 2011–2023 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 (4)

CaseFollowedCited
Strickland v. Washingtongreen
scotus · 1984 · cited in 4 Texas opinions naming this issue, 2013–2016
2 sentences

2016Ann. art. 46B.003(a); see Strickland, 466 U.S. at 695 , 104 S.Ct. at 2068 (“The governing legal standard plays a critical role in defining the question to be asked in assessing the prejudice from counsel’s errors.”).

2016Ann. art. 46B.003(a); see Strickland, 466 U.S. at 695 , 104 S.Ct. at 2068 (“The governing legal standard plays a critical role in defining the question to be asked in assessing the prejudice from counsel’s errors.”).

44
All Saints Health System v. Texas Workers' Compensation Commissiongreen
texapp · 2003 · cited in 3 Texas opinions naming this issue, 2011–2011
2 sentences

2011See All Saints, 125 S.W.3d at 103 .

2011See All Saints, 125 S.W.3d at 103 .

33
Natural Gas Pipeline Co. of America v. Justissgreen
tex · 2012 · cited in 1 Texas opinions naming this issue, 2022–2022
2 sentences

2022A property owner’s qualification to testify does not allow the property owner to substitute a “value to me” standard for the governing legal standard of “market value.” See id.

2022An owner’s qualification to testify does not allow the property owner to substitute a “value to me” standard for the governing legal standard of “market value.” See id. at 158, 161 .

11
King v. Stategreen
texapp · 2000 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See King v. State, 17 S.W.3d 7, 23 (Tex.App.-Houston[14th Dist.] 2000, pet. ref'd).

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 (2)

CaseCitedYears
Montoya v. State yellow
texcrimapp · 1987
1 sentence

2023To dispose of Appellant’s contention that the State commented on his failure to testify, we quote Appellant’s entire argument, in which he attempts to apply the relevant legal principles to the facts of this appeal: The governing legal standard in this appeal, under Montoya, is “if the prosecutor’s remark called to the jury’s attention the absence of evidence that could only be supplied by the testimony of the accused, the comment is improper and the conviction is subject to being reversed.” . . . 744 S.W.2d at 35 .

12023–2023
Bell v. Cone green
scotus · 2002
2 sentences

2015See id., at 405, 413; Bell v. Cone, 535 U.S. 685, 698 , 152 L.

2015See id., at 405, 413; Bell v. Cone, 535 U.S. 685, 698 , 152 L.

12015–2015

Statutes the citing opinions construe

TX § Tex. Hum. Res. Code § 32.028 (3) TX § Tex. Lab. Code § 413.031 (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

NY 47 (1998–2026) CT 41 (1996–2025) PA 33 (1985–2026) CA 27 (1975–2026) UT 23 (1996–2024) SC 13 (1998–2014) ID 12 (2005–2025) TX 11 (2011–2023) VA 11 (2004–2026) LA 10 (1991–2023) IL 8 (1994–2026) NJ 7 (1992–2026) MI 6 (1982–2019) KS 6 (2002–2024) CO 6 (2004–2025) WA 5 (1972–2018) GA 5 (2002–2014) MT 5 (1997–2013) AL 5 (2001–2013) VT 4 (2006–2023) AR 3 (2007–2008) KY 3 (2006–2018) OH 3 (2007–2019) MN 3 (1998–2014) MA 3 (2010–2017) IN 3 (1933–2025) OR 3 (2007–2022) FL 2 (2007–2012) MD 2 (2015–2015) MO 2 (2004–2017) OK 2 (2014–2014)

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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