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Rich factors in Texas

10 Texas opinions name it 2 courts 2005–2017 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 (9)

CaseFollowedCited
Jones v. Stategreen
texcrimapp · 2007 · cited in 3 Texas opinions naming this issue, 2011–2011
2 sentences

2011See, e.g., id., remanded to 264 S.W.3d 26, 28 (Tex.App.-Houston [1st Dist.] 2007, pet. ref’d); Lancaster v. State, 319 S.W.3d 168, 171-72 (Tex.App.-Waco 2010, pet. ref'd). 20 .

2011See, e.g., id., remanded to 264 S.W.3d 26, 28 (Tex.App.-Houston [1st Dist.] 2007, pet. ref’d); Lancaster v. State, 319 S.W.3d 168, 171-72 (Tex.App.-Waco 2010, pet. ref'd). 20 .

33
Lancaster v. Stategreen
texapp · 2010 · cited in 3 Texas opinions naming this issue, 2011–2011
2 sentences

2011See, e.g., id., remanded to 264 S.W.3d 26, 28 (Tex.App.-Houston [1st Dist.] 2007, pet. ref’d); Lancaster v. State, 319 S.W.3d 168, 171-72 (Tex.App.-Waco 2010, pet. ref'd). 20 .

2011See, e.g., id., remanded to 264 S.W.3d 26, 28 (Tex.App.-Houston [1st Dist.] 2007, pet. ref’d); Lancaster v. State, 319 S.W.3d 168, 171-72 (Tex.App.-Waco 2010, pet. ref'd). 20 .

33
Jones v. Stategreen
texapp · 2007 · cited in 3 Texas opinions naming this issue, 2011–2011
2 sentences

2011See, e.g., id., remanded to 264 S.W.3d 26, 28 (Tex.App.-Houston [1st Dist.] 2007, pet. ref’d); Lancaster v. State, 319 S.W.3d 168, 171-72 (Tex.App.-Waco 2010, pet. ref'd). 20 .

2011See, e.g., id., remanded to 264 S.W.3d 26, 28 (Tex.App.-Houston [1st Dist.] 2007, pet. ref’d); Lancaster v. State, 319 S.W.3d 168, 171-72 (Tex.App.-Waco 2010, pet. ref'd). 20 .

33
Blue v. Stategreen
texcrimapp · 2000 · cited in 2 Texas opinions naming this issue, 2006–2006
2 sentences

2006See McMurrough v. State, 995 S.W.2d 944, 948 (Tex.App.-Fort Worth 1999, no pet.); accord Blue, 41 S.W.3d at 132 (holding error during voir dire that vitiated the impartiality of the jury to be reversible error).

2006See McMurrough v. State, 995 S.W.2d 944, 948 (Tex.App.-Fort Worth 1999, no pet.); accord Blue, 41 S.W.3d at 132 (holding error during voir dire that vitiated the impartiality of the jury to be reversible error).

22
Wesbrook v. Stategreen
texcrimapp · 2000 · cited in 2 Texas opinions naming this issue, 2005–2006
2 sentences

2006The standard of review for constitutional error under Rule 44.2(a) is set out by the Court of Criminal Appeals in Wesbrook, 29 S.W.3d at 119 -20 and McCarthy, 65 S.W.3d at 52 .

2006The standard of review for constitutional error under Rule 44.2(a) is set out by the Court of Criminal Appeals in Wesbrook, 29 S.W.3d at 119 -20 and McCarthy, 65 S.W.3d at 52 .

22
McMurrough v. Stategreen
texapp · 1999 · cited in 2 Texas opinions naming this issue, 2006–2006
2 sentences

2006See McMurrough v. State, 995 S.W.2d 944, 948 (Tex.App.-Fort Worth 1999, no pet.); accord Blue, 41 S.W.3d at 132 (holding error during voir dire that vitiated the impartiality of the jury to be reversible error).

2006See McMurrough v. State, 995 S.W.2d 944, 948 (Tex.App.-Fort Worth 1999, no pet.); accord Blue, 41 S.W.3d at 132 (holding error during voir dire that vitiated the impartiality of the jury to be reversible error).

22
In Re Department of Family & Protective Servicesgreen
tex · 2009 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017See In re Dep’t of Family & Protective Servs., 273 S.W.3d 637, 642-43 (Tex. 2009) (stating that a trial court has no discretion in determining what the law is and that if the trial court fails to properly interpret the law, it abuses its discretion); Sullivan v. Abraham, 472 S.W.3d 677, 683 (Tex. App.—Amarillo 2014) (“Refusing to perform a mandatory duty constitutes an abuse of discretion.”), rev’d on other grounds, 488 S.W.3d 294 (Tex. 2016).

11
Michael Quinn Sullivan v. Salem Abrahamgreen
texapp · 2014 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017See In re Dep’t of Family & Protective Servs., 273 S.W.3d 637, 642-43 (Tex. 2009) (stating that a trial court has no discretion in determining what the law is and that if the trial court fails to properly interpret the law, it abuses its discretion); Sullivan v. Abraham, 472 S.W.3d 677, 683 (Tex. App.—Amarillo 2014) (“Refusing to perform a mandatory duty constitutes an abuse of discretion.”), rev’d on other grounds, 488 S.W.3d 294 (Tex. 2016).

11
Ex Parte Richgreen
texcrimapp · 2006 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015The Court so held because there was no evidence that Rich was innocent of the offense used to enhance his punishment, and the mischaracterization of the offense used for enhancement did not make Rich innocent of the primary offense for which he was charged.19 Further, Rich’s claims did not involve the “traditional hallmarks of actual innocence claims—newly discovered evidence showing that the defendant is being wrongfully imprisoned for a crime that he did not commit.” 20 16 Id. 17 Id. 18 Ex parte Rich, 194 S.W.3d 508, 511 (Tex. Crim.

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 (5)

CaseCitedYears
McCarthy v. State green
texcrimapp · 2001
2 sentences

2006The standard of review for constitutional error under Rule 44.2(a) is set out by the Court of Criminal Appeals in Wesbrook, 29 S.W.3d at 119 -20 and McCarthy, 65 S.W.3d at 52 .

2006The standard of review for constitutional error under Rule 44.2(a) is set out by the Court of Criminal Appeals in Wesbrook, 29 S.W.3d at 119 -20 and McCarthy, 65 S.W.3d at 52 .

22005–2006
Michael Quinn Sullivan v. Salem Abraham green
tex · 2016
1 sentence

2017See In re Dep’t of Family & Protective Servs., 273 S.W.3d 637, 642-43 (Tex. 2009) (stating that a trial court has no discretion in determining what the law is and that if the trial court fails to properly interpret the law, it abuses its discretion); Sullivan v. Abraham, 472 S.W.3d 677, 683 (Tex. App.—Amarillo 2014) (“Refusing to perform a mandatory duty constitutes an abuse of discretion.”), rev’d on other grounds, 488 S.W.3d 294 (Tex. 2016).

12017–2017
In Re 24R, Inc. green
tex · 2010
1 sentence

2016We conclude that the trial court could not reasonably, with “positive assurance,” have determined that the arbitration provision is not susceptible of an interpretation that would cover the dispute about Santa Fe’s payments to Rich with respect to the Lincoln General litigation, see id. at 899 , and that,' accordingly, the trial court abused its discretion in denying Rich’s motion to compel with respect to the Receiver’s common-law claims arising under the legal services agreement, see In re 2J/.R, Inc., 324 S.W.3d at 566 .

12016–2016
Prudential Securities Inc. v. Marshall green
tex · 1995
1 sentence

2016We conclude that the trial court could not reasonably, with “positive assurance,” have determined that the arbitration provision is not susceptible of an interpretation that would cover the dispute about Santa Fe’s payments to Rich with respect to the Lincoln General litigation, see id. at 899 , and that,' accordingly, the trial court abused its discretion in denying Rich’s motion to compel with respect to the Receiver’s common-law claims arising under the legal services agreement, see In re 2J/.R, Inc., 324 S.W.3d at 566 .

12016–2016
Ex Parte Elizondo green
texcrimapp · 1997
2 sentences

2015The Court so held because there was no evidence that Rich was innocent of the offense used to enhance his punishment, and the mischaracterization of the offense used for enhancement did not make Rich innocent of the primary offense for which he was charged.19 Further, Rich’s claims did not involve the “traditional hallmarks of actual innocence claims—newly discovered evidence showing that the defendant is being wrongfully imprisoned for a crime that he did not commit.” 20 16 Id. 17 Id. 18 Ex parte Rich, 194 S.W.3d 508, 511 (Tex. Crim.

2015The Court so held because there was no evidence that Rich was innocent of the offense used to enhance his punishment, and the mischaracterization of the offense used for enhancement did not make Rich innocent of the primary offense for which he was charged.19 Further, Rich’s claims did not involve the “traditional hallmarks of actual innocence claims—newly discovered evidence showing that the defendant is being wrongfully imprisoned for a crime that he did not commit.” 20 16 Id. 17 Id. 18 Ex parte Rich, 194 S.W.3d 508, 511 (Tex. Crim.

12015–2015

Statutes the citing opinions construe

TX § Tex. Penal Code § 20.04 (3) TX § Tex. Penal Code § 8.05 (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

TX 10 (2005–2017) IA 7 (2015–2022) NY 2 (2014–2014) IL 2 (1987–2021) MD 2 (2016–2017)

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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