offer immunity (Texas) · Go Syfert
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offer immunity in Texas

11 Texas opinions name it 2 courts 1978–2015 0 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 (5)

CaseFollowedCited
C & H NATIONWIDE, INC. v. Thompsongreen
tex · 1994 · cited in 3 Texas opinions naming this issue, 2003–2003
2 sentences

2003See Thompson, 903 S.W.2d at 325 .

2003See Thompson , 903 S.W.2d at 325 .

33
Peeler v. Hughes & Lucegreen
tex · 1995 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014See id. at 496, n. 1, 498 .

11
Washburn v. Stategreen
texcrimapp · 1956 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003See Washburn v. State , 448, 299 S.W.2d 706, 707 (Tex. Crim.

11
Ex Parte Shorthousegreen
texcrimapp · 1982 · cited in 1 Texas opinions naming this issue, 1983–1983
1 sentence

1983See Ex parte Shorthouse, 640 S.W.2d 924, 928 (Tex.Cr.App.1982).

11
Turney v. Stategreen
texcrimapp · 1899 · cited in 1 Texas opinions naming this issue, 1983–1983
2 sentences

1983In accord with this rule of law is Turney v. State, 40 Tex.Cr. 561 , 51 S.W. 243, 244 (1899) wherein the Court held that the existence of an offer of immunity is a question of law to be left to the discretion of the trial judge, subject to reversal only upon a showing of abuse of such discretion.

1983In accord with this rule of law is Turney v. State, 40 Tex.Cr. 561 , 51 S.W. 243, 244 (1899) wherein the Court held that the existence of an offer of immunity is a question of law to be left to the discretion of the trial judge, subject to reversal only upon a showing of abuse of such discretion.

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 (9)

CaseCitedYears
Manon v. Solis green
texapp · 2004
1 sentence

2015No claim to original U.S. Government Works. 8 Manon v. Solis, 142 S.W.3d 380 (2004) Appellee even offered to assist appellant with the process of her *389 predecessor, John Needham, prior to appellee's seeking unemployment compensation.

12015–2015
Brooks v. State green
texcrimapp · 1913
1 sentence

2002“It is always better, if not actually essential, that the court should make it a matter of record at the time that complete immunity was offered the witness by the prosecuting officer, with the sanction and approval of the court, and it even might be better for the offer of such immunity by the prosecuting officer to be in writing....” Higgins, 71 Tex.Crim. at 619 , 160 S.W. at 697 . .

12002–2002
Ex Parte Higgins green
texcrimapp · 1913
1 sentence

2002“It is always better, if not actually essential, that the court should make it a matter of record at the time that complete immunity was offered the witness by the prosecuting officer, with the sanction and approval of the court, and it even might be better for the offer of such immunity by the prosecuting officer to be in writing....” Higgins, 71 Tex.Crim. at 619 , 160 S.W. at 697 . .

12002–2002
Ex parte Rusk green
texcrimapp · 1935
2 sentences

2002Rusk, 128 Tex.Crim. at 137 , 79 S.W.2d at 866 . .

2002Rusk, 128 Tex.Crim. at 137 , 79 S.W.2d at 866 . .

12002–2002
Forte v. State green
texcrimapp · 1986
1 sentence

1999Id.

11999–1999
Harling v. United States green
dc · 1978
1 sentence

1989In the Richard case the court, quoting Harling, supra, held that a trial court did not have the power to discharge an attorney appointed to represent a grand jury witness who had been held in contempt after rejecting an offer of immunity.

11989–1989
Wheat v. United States green
scotus · 1988
2 sentences

1989The Supreme Court concluded that a trial court can decline an offer of waiver of conflict of interest and, without violating a defendant’s Sixth Amendment rights, “insist that defendants be separately represented.” Id.

1989What is important and relevant in the Wheat case is this observation: “The District Court must recognize a presumption in favor of petitioner’s counsel of choice, but that presumption may be overcome not only by a demonstration of actual conflict but by a showing of a serious potential for conflict.” Id.

11989–1989
Luck v. State green
texcrimapp · 1979
1 sentence

1983In the instant case appellant established through pre-trial motions the offer of immunity, and subsequently, in accordance with Tex.Penal Code Ann. § 2.03 (Vernon 1974) and Luck v. State, 588 S.W.2d at 375 , the burden shifted to the State to establish and prove beyond a reasonable doubt that appellant directly caused the death of Julius Alfred Dess.

11983–1983
Pacific Indemnity Company v. Acel Delivery Service, Inc. green
ca5 · 1973
1 sentence

1978Pacific Indemnity Co. v. Acel Delivery Service, Inc., 485 F.2d 1169 (5th Cir. 1973); 7A Appleman, Insurance Law and Practice § 4694, p. 546 (1961).

11978–1978

Statutes the citing opinions construe

TX § Tex. Fin. Code § 304.104 (3) TX § Tex. Fin. Code § 304.105 (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

CA 23 (1953–2022) OH 17 (1970–2019) IL 14 (1966–2022) TX 11 (1978–2015) MO 9 (1929–2017) FL 8 (1960–2018) PA 7 (1943–1984) GA 7 (1980–2022) NY 6 (1874–2022) CO 5 (1975–2008) KY 4 (2006–2024) MA 4 (1970–2015) MD 4 (1964–2020) MN 4 (1985–1996) IA 4 (1980–2021) WA 3 (2007–2008) NC 3 (1982–2018) WY 3 (1978–2004) AR 3 (1920–1988) MI 3 (1934–1993) NE 3 (1903–2025) OK 3 (1936–2013) AK 3 (1984–2020) OR 3 (1993–2024) MS 2 (1936–2011) VA 2 (2004–2020) TN 2 (2002–2002) CT 2 (2010–2010) DE 2 (1984–2016) NJ 2 (1993–2018)

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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