Gutierrez motion (Texas) · Go Syfert
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Gutierrez motion in Texas

10 Texas opinions name it 1 courts 1997–2025 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 (12)

CaseFollowedCited
Olivo v. Stategreen
texcrimapp · 1996 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025See Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996) (recognizing that an appellate court “has jurisdiction to determine whether it has jurisdiction”). 7 The court noted, however, that a verdict of acquittal is not reviewable on appeal.

11
Mansfield State Bank v. Cohngreen
tex · 1978 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See Mansfield State Bank v. Cohn, 573 S.W.2d 181 , 184–85 (Tex. 1978). 4 Within the same issues, Walker additionally asserts that the trial court violated various judicial canons in its conduct of the hearing on Gutierrez’s motion, such as “failing to maintain professional competence in the law” and “failing to act in a manner that promotes public confidence in the integrity and impartiality of the judiciary.” See Texas Code of Jud.

11
Texas Department of Parks & Wildlife v. Mirandagreen
tex · 2004 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018Texas Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 226 (Tex. 2004).

11
Cook v. Stategreen
texcrimapp · 1994 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014On appeal, Gutierrez generally argues that we are not required to “parse” the individual conduct elements for the culpable mental state “because the act of aggravated robbery is criminalized because of [its] very nature.” Appellant’s brief, pg. 21 (citing Cook v. State, 884 S.W.2d 485, 487 (Tex.Crim.App.1994) (en banc)).

11
Martinez v. Stategreen
texcrimapp · 2011 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See Martinez, 348 S.W.3d at 922 .

11
Texas Alcoholic Beverage Commission v. Top of the Strip, Inc.green
texapp · 1999 · cited in 1 Texas opinions naming this issue, 2012–2012
2 sentences

2012See Top of the Strip, 993 S.W.2d at 245 ; Morgan, 872 S.W.2d at 822 .

2012See Top of the Strip, Inc., 993 S.W.2d at 245-46 .

11
Flannery v. Stategreen
texcrimapp · 1984 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See Flannery v. State, 676 S.W.2d 369, 370 (Tex. Crim.

11
Powell v. Stategreen
texapp · 1989 · cited in 1 Texas opinions naming this issue, 1997–1997
1 sentence

1997See Faulder v. State, 745 S.W.2d 327, 338 (Tex.Crim.App.1987) (reaffirming holding in Revia that because change of venue is of constitutional dimension, time requirements applicable to other pretrial motions do not apply to motion for change of venue); Powell v. State, 777 S.W.2d 466, 468 (Tex.App.—El Paso 1989, pet. ref'd) (following Revia and holding that trial court erred when it denied motion for change of venue not on contents, but because motion was untimely filed after pretrial hearing); Biegajski v. State, 653 S.W.2d 624, 627 (Tex.App.— San Antonio 1983, pet. refd) (relying on Re-via t

11
Penry v. Stategreen
texcrimapp · 1995 · cited in 1 Texas opinions naming this issue, 1997–1997
1 sentence

1997Under these circumstances, I would hold the trial court did not abuse its discretion in denying Gutierrez’s motion to change venue, e.g., Penry v. State, 903 S.W.2d 715, 727 (Tex.Crim.App.1995), cert. denied, — U.S. --, 116 S.Ct. 480 , 133 L.Ed.2d 408 (1995), because a “reasonable view of the record” supports the conclusion the trial court held his ruling on Gutierrez’s motion in abeyance at the January 24, 1995 pretrial hearing and, thereafter, Gutierrez effectively withdrew and thus waived his motion.

11
Biegajski v. Stategreen
texapp · 1983 · cited in 1 Texas opinions naming this issue, 1997–1997
1 sentence

1997See Faulder v. State, 745 S.W.2d 327, 338 (Tex.Crim.App.1987) (reaffirming holding in Revia that because change of venue is of constitutional dimension, time requirements applicable to other pretrial motions do not apply to motion for change of venue); Powell v. State, 777 S.W.2d 466, 468 (Tex.App.—El Paso 1989, pet. ref'd) (following Revia and holding that trial court erred when it denied motion for change of venue not on contents, but because motion was untimely filed after pretrial hearing); Biegajski v. State, 653 S.W.2d 624, 627 (Tex.App.— San Antonio 1983, pet. refd) (relying on Re-via t

11
Faulder v. Stategreen
texcrimapp · 1987 · cited in 1 Texas opinions naming this issue, 1997–1997
1 sentence

1997See Faulder v. State, 745 S.W.2d 327, 338 (Tex.Crim.App.1987) (reaffirming holding in Revia that because change of venue is of constitutional dimension, time requirements applicable to other pretrial motions do not apply to motion for change of venue); Powell v. State, 777 S.W.2d 466, 468 (Tex.App.—El Paso 1989, pet. ref'd) (following Revia and holding that trial court erred when it denied motion for change of venue not on contents, but because motion was untimely filed after pretrial hearing); Biegajski v. State, 653 S.W.2d 624, 627 (Tex.App.— San Antonio 1983, pet. refd) (relying on Re-via t

11
Jenkins v. Stategreen
texcrimapp · 1995 · cited in 1 Texas opinions naming this issue, 1997–1997
1 sentence

1997See Jenkins v. State, 912 S.W.2d 793, 811 (Tex.Crim.App.1993) (citing Tex.R.App.

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
Gutierrez v. Flores green
ca5 · 2008
2 sentences

2011In contrast, Gutierrez's claim did "not involve the employment relationship or any adverse employment action." Id. at 254 .

2011In contrast, Gutierrez’s claim did “not involve the employment relationship or any adverse employment action.” Id. at 254 .

22011–2011
State v. Gutierrez green
texcrimapp · 2017
1 sentence

2019The court of criminal appeals reversed and reinstated the judgment. 541 S.W.3d at 104 .

12019–2019
Morgan v. Employees' Retirement System green
texapp · 1994
1 sentence

2012See Top of the Strip, 993 S.W.2d at 245 ; Morgan, 872 S.W.2d at 822 .

12012–2012
Foster v. State green
texcrimapp · 1989
1 sentence

1997Foster, 779 S.W.2d at 854-55 .

11997–1997
Penry v. Texas green
scotus · 1995
1 sentence

1997Under these circumstances, I would hold the trial court did not abuse its discretion in denying Gutierrez’s motion to change venue, e.g., Penry v. State, 903 S.W.2d 715, 727 (Tex.Crim.App.1995), cert. denied, — U.S. --, 116 S.Ct. 480 , 133 L.Ed.2d 408 (1995), because a “reasonable view of the record” supports the conclusion the trial court held his ruling on Gutierrez’s motion in abeyance at the January 24, 1995 pretrial hearing and, thereafter, Gutierrez effectively withdrew and thus waived his motion.

11997–1997
Tucker v. New Jersey State Prison green
scotus · 1995
1 sentence

1997Under these circumstances, I would hold the trial court did not abuse its discretion in denying Gutierrez’s motion to change venue, e.g., Penry v. State, 903 S.W.2d 715, 727 (Tex.Crim.App.1995), cert. denied, — U.S. --, 116 S.Ct. 480 , 133 L.Ed.2d 408 (1995), because a “reasonable view of the record” supports the conclusion the trial court held his ruling on Gutierrez’s motion in abeyance at the January 24, 1995 pretrial hearing and, thereafter, Gutierrez effectively withdrew and thus waived his motion.

11997–1997

Where else courts name it

CA 33 (2000–2026) TX 10 (1997–2025) FL 5 (1986–2012) CO 4 (2000–2019) AZ 3 (2020–2024) WI 2 (2020–2021) NE 2 (2001–2018)

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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