two-element test (Texas) · Go Syfert
← Texas issues

two-element test in Texas

11 Texas opinions name it 2 courts 1998–2026 8 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 9 Texas opinions naming this issue, 1998–2026
2 sentences

2025To prevail on an ineffective assistance of counsel claim, an appellant must satisfy the two-element test set out in Strickland v. Washington, 466 U.S. 668, 687 (1984).

1998We measure claims of ineffective assistance of counsel against the standard set forth by the Supreme Court of the United States in Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and adopted by the court of criminal appeals in Hernandez v. State, 726 S.W.2d 53, 57 (Tex.Crim.App.1986). 5 In Strickland , the court set forth a two-element standard that requires the defendant to show both that his counsel made serious errors and that those errors caused serious harm: First, the defendant must show that counsel’s performance was deficient.

89
Carpenter v. Cimarron Hydrocarbons Corp.green
tex · 2002 · cited in 2 Texas opinions naming this issue, 2008–2008
2 sentences

2008Spencer argues that the two-element test articulated in Carpenter v. Cimarron Hydrocarbons Corp. applies. 98 S.W.3d 682, 686 (Tex. 2002).

2008Spencer argues that the two-element test articulated in Carpenter v. Cimarron Hydrocarbons Corp. applies. 98 S.W.3d 682, 686 (Tex. 2002).

22
Craddock v. Sunshine Bus Lines, Inc.green
tex · 1939 · cited in 1 Texas opinions naming this issue, 2008–2008
2 sentences

2008Under the Craddock test, a trial court abuses its discretion by denying a motion for new trial following a no-answer default judgment if the defaulting 4 … Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388 , 392–93, 133 S.W.2d 124, 126 (1939). 9 party establishes (1) that the failure to file an answer before judgment was not intentional or the result of conscious indifference but was due to a mistake or an accident; (2) the motion for new trial sets up a meritorious defense; and (3) granting a new trial will occasion no delay or otherwise work an injustice to the plaintiff.

2008Under the Craddock test, a trial court abuses its discretion by denying a motion for new trial following a no-answer default judgment if the defaulting 4 … Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388 , 392–93, 133 S.W.2d 124, 126 (1939). 9 party establishes (1) that the failure to file an answer before judgment was not intentional or the result of conscious indifference but was due to a mistake or an accident; (2) the motion for new trial sets up a meritorious defense; and (3) granting a new trial will occasion no delay or otherwise work an injustice to the plaintiff.

11
Hernandez v. Stategreen
texcrimapp · 1986 · cited in 1 Texas opinions naming this issue, 1998–1998
1 sentence

1998We measure claims of ineffective assistance of counsel against the standard set forth by the Supreme Court of the United States in Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and adopted by the court of criminal appeals in Hernandez v. State, 726 S.W.2d 53, 57 (Tex.Crim.App.1986). 5 In Strickland , the court set forth a two-element standard that requires the defendant to show both that his counsel made serious errors and that those errors caused serious harm: First, the defendant must show that counsel’s performance was deficient.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Where else courts name it

WI 12 (1985–2023) TX 11 (1998–2026) DC 3 (1981–2011) CA 3 (1984–2026) CO 2 (2003–2017) AZ 2 (1995–2014) NJ 2 (1988–1992)

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.

← Caselaw search · G Cite Topics · Brief Check