determined waiver (Texas) · Go Syfert
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determined waiver in Texas

69 Texas opinions name it 2 courts 1970–2025 4 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 (22)

CaseFollowedCited
Barney v. Stategreen
texcrimapp · 1985 · cited in 8 Texas opinions naming this issue, 2003–2010
2 sentences

2010The same conclusion was reached in Barney v. State , 698 S.W.2d 114, 125 (Tex.Crim.App. 1985), in which the court determined that an instruction to disregard a reference to appellant’s status as an “ex-con” sufficiently cured any error.

2009The same conclusion was reached in Barney v. State , 698 S.W.2d 114, 125 (Tex.Crim.App. 1985), in which the court determined that an instruction to disregard a reference to appellant’s status as an “ex-con” sufficiently cured any error.

88
Kyte v. Stategreen
texapp · 1997 · cited in 3 Texas opinions naming this issue, 2002–2002
2 sentences

2002Id. at 681-82 ; see also Kyte, 944 S.W.2d at 29 (reversing conviction although drugs found in car that defendant was driving).

2002Id. at 681-82 ; see also Kyte, 944 S.W.2d at 29 (reversing conviction although drugs found in car that defendant was driving).

33
Schutz v. Stategreen
texcrimapp · 2001 · cited in 2 Texas opinions naming this issue, 2014–2015
2 sentences

2015(See Pp. 5-7 of Memorandum Opinion; citing Schutz v. State, 63 S.W.3d 442, 443 (Tex. Crim.

2014(See Pp. 5-7 of Memorandum Opinion; citing Schutz v. State, 63 S.W.3d 442, 443 (Tex. Crim.

22
Medical City Dallas, Ltd. v. Carlisle Corp.green
tex · 2008 · cited in 2 Texas opinions naming this issue, 2013–2013
2 sentences

2013See id. at 59, 63 .

2013See id. at 59, 63 .

22
Ex Parte Carriogreen
texcrimapp · 1999 · cited in 2 Texas opinions naming this issue, 2013–2013
2 sentences

2013Application of Laches in the Post-Conviction Context A. This Court Has Previously Applied Federal Standard In Analyzing Laches In Ex parte Carrio, this Court determined that the doctrine of laches was appropriate for application in the habeas corpus context. 992 S.W.2d 486, 487-88 (Tex.Crim.App.1999) (“[T]he doctrine of laches is a theory which we may, and should, employ in our determination of whether to grant relief in any given 11.07 case.”).

2013Application of Laches in the Post-Conviction Context A. This Court Has Previously Applied Federal Standard In Analyzing Laches In Ex p arte Carrio , this Court determined that the doctrine of laches was appropriate for application in the habeas corpus context. 992 S.W.2d 486, 487-88 (Tex. Crim.

22
EI Du Pont De Nemours & Co. v. Robinsongreen
tex · 1996 · cited in 2 Texas opinions naming this issue, 2012–2012
2 sentences

2012Given the fact that, at the time the documents were presented, the court had little or no information regarding the authors' qualifications to give the expert opinions set forth in the documents, see id. 702 (requiring expert witness to be qualified to give expert testimony "by knowledge, skill, experience, training, or education"), or regarding the reliability of the opinions, see id. ; E.I. du Pont de Nemours & Co., Inc. v. Robinson , 923 S.W.2d 549, 557 (Tex. 1995), we cannot say that the district court abused its discretion by determining that the hearsay exceptions did not apply and exclu

2012Given the fact that, at the time the documents were 44 presented, the court had little or no information regarding the authors’ qualifications to give the expert opinions set forth in the documents, see id. 702 (requiring expert witness to be qualified to give expert testimony “by knowledge, skill, experience, training, or education”), or regarding the reliability of the opinions, see id.; E.I. du Pont de Nemours & Co., Inc. v. Robinson, 923 S.W.2d 549, 557 (Tex. 1995), we cannot say that the district court abused its discretion by determining that the hearsay exceptions did not apply and excl

22
General Services Commission v. Little-Tex Insulation Co.green
tex · 2001 · cited in 2 Texas opinions naming this issue, 2012–2012
2 sentences

2012Given the fact that, at the time the documents were presented, the court had little or no information regarding the authors' qualifications to give the expert opinions set forth in the documents, see id. 702 (requiring expert witness to be qualified to give expert testimony "by knowledge, skill, experience, training, or education"), or regarding the reliability of the opinions, see id. ; E.I. du Pont de Nemours & Co., Inc. v. Robinson , 923 S.W.2d 549, 557 (Tex. 1995), we cannot say that the district court abused its discretion by determining that the hearsay exceptions did not apply and exclu

2012Given the fact that, at the time the documents were presented, the court had little or no information regarding the authors' qualifications to give the expert opinions set forth in the documents, see id. 702 (requiring expert witness to be qualified to give expert testimony "by knowledge, skill, experience, training, or education"), or regarding the reliability of the opinions, see id. ; E.I. du Pont de Nemours & Co., Inc. v. Robinson , 923 S.W.2d 549, 557 (Tex. 1995), we cannot say that the district court abused its discretion by determining that the hearsay exceptions did not apply and exclu

22
White v. Stategreen
texcrimapp · 2006 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009White, 208 S.W.3d 467, 468 (b) An omission that causes a condition described by Subsection (a)(1) through (a)(3) is conduct constituting an offense under this section if: (1) the actor has a legal or statutory duty to act; or (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual.

2009White , 208 S.W.3d 467, 468 (Tex.Crim.App. 2006).

22
Reyes v. Statered
texcrimapp · 1996 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025See 938 S.W.2d 718, 721 (Tex. Crim.

11
Rose v. Clarkgreen
scotus · 1986 · cited in 1 Texas opinions naming this issue, 2015–2015
11
Johnson v. Stategreen
texcrimapp · 1981 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015The Williams Court stated: “By holding that Williams’ waiver of her right to trial counsel was not made knowingly, intelligently, and voluntarily, the court determined that her waiver was invalid.27 The State does not challenge this holding, and although it characterizes the error as one involving insufficient admonishments, the particular error at issue concerns instead an invalid waiver of the right to counsel.”28 24 Id at 357 citing: Chapman v. California, 386 U.S. 18, 24 ; 87 S. Ct. 824 ; 17 L.Ed.2d 705 (1967); Rose v. Clark, 478 U.S. 570, 576-77 ; 106 S. Ct. 3101 ; 92 L.Ed.2d 460 (1986) (

11
Lisney v. Stategreen
texcrimapp · 1978 · cited in 1 Texas opinions naming this issue, 2015–2015
11
Johnson v. Stategreen
texcrimapp · 2005 · cited in 1 Texas opinions naming this issue, 2015–2015
11
Powell v. Stategreen
texcrimapp · 1982 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015The Williams Court stated: “By holding that Williams’ waiver of her right to trial counsel was not made knowingly, intelligently, and voluntarily, the court determined that her waiver was invalid.27 The State does not challenge this holding, and although it characterizes the error as one involving insufficient admonishments, the particular error at issue concerns instead an invalid waiver of the right to counsel.”28 24 Id at 357 citing: Chapman v. California, 386 U.S. 18, 24 ; 87 S. Ct. 824 ; 17 L.Ed.2d 705 (1967); Rose v. Clark, 478 U.S. 570, 576-77 ; 106 S. Ct. 3101 ; 92 L.Ed.2d 460 (1986) (

11
Cordova v. Bacagreen
ca9 · 2003 · cited in 1 Texas opinions naming this issue, 2015–2015
11
United States v. Virgilgreen
ca5 · 2006 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

2015The Williams Court stated: “By holding that Williams’ waiver of her right to trial counsel was not made knowingly, intelligently, and voluntarily, the court determined that her waiver was invalid.27 The State does not challenge this holding, and although it characterizes the error as one involving insufficient admonishments, the particular error at issue concerns instead an invalid waiver of the right to counsel.”28 24 Id at 357 citing: Chapman v. California, 386 U.S. 18, 24 ; 87 S. Ct. 824 ; 17 L.Ed.2d 705 (1967); Rose v. Clark, 478 U.S. 570, 576-77 ; 106 S. Ct. 3101 ; 92 L.Ed.2d 460 (1986) (

2015The Williams Court stated: “By holding that Williams’ waiver of her right to trial counsel was not made knowingly, intelligently, and voluntarily, the court determined that her waiver was invalid.27 The State does not challenge this holding, and although it characterizes the error as one involving insufficient admonishments, the particular error at issue concerns instead an invalid waiver of the right to counsel.”28 24 Id at 357 citing: Chapman v. California, 386 U.S. 18, 24 ; 87 S. Ct. 824 ; 17 L.Ed.2d 705 (1967); Rose v. Clark, 478 U.S. 570, 576-77 ; 106 S. Ct. 3101 ; 92 L.Ed.2d 460 (1986) (

11
Vinson & Elkins v. Morangreen
texapp · 1997 · cited in 1 Texas opinions naming this issue, 2011–2011
11
Mitchell v. Stategreen
texapp · 1995 · cited in 1 Texas opinions naming this issue, 1996–1996
11
B-R Dredging Co. v. Rodriguezgreen
tex · 1978 · cited in 1 Texas opinions naming this issue, 1985–1985
11
Anglo Exploration Corp. v. Grayshongreen
texapp · 1979 · cited in 1 Texas opinions naming this issue, 1983–1983
11
Brem v. Stategreen
texcrimapp · 1978 · cited in 1 Texas opinions naming this issue, 1980–1980
11
Hullum v. Stategreen
texcrimapp · 1967 · cited in 1 Texas opinions naming this issue, 1973–1973
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 (54)

CaseCitedYears
Hurley v. United States green
scotus · 1994
2 sentences

2007App.), cert. denied, 513 U.S. 931 , 115 S.Ct. 323 , 130 L.Ed.2d 284 (1994), the Court determined that test was sufficiently reliable to be admitted if a proper predicate was laid, and in order for testimony concerning a defendant's performance on the test to be admissible: . . . it must be shown that the witness testifying is qualified as an expert on the HGN test, specifically concerning its administration and technique.

2003App.), cert. denied, 513 U.S. 931 , 115 S.Ct. 323 , 130 L.Ed.2d 284 (1994), the Court determined that test was sufficiently reliable to be admitted if a proper predicate was laid, and in order for testimony concerning a defendant's performance on the test to be admissible: . . . it must be shown that the witness testifying is qualified as an expert on the HGN test, specifically concerning its administration and technique.

42003–2007
Mount v. El Dorado County Superior Court green
scotus · 1994
2 sentences

2007App.), cert. denied, 513 U.S. 931 , 115 S.Ct. 323 , 130 L.Ed.2d 284 (1994), the Court determined that test was sufficiently reliable to be admitted if a proper predicate was laid, and in order for testimony concerning a defendant's performance on the test to be admissible: . . . it must be shown that the witness testifying is qualified as an expert on the HGN test, specifically concerning its administration and technique.

2007App.), cert. denied, 513 U.S. 931 , 115 S.Ct. 323 , 130 L.Ed.2d 284 (1994), the Court determined that test was sufficiently reliable to be admitted if a proper predicate was laid, and in order for testimony concerning a defendant's performance on the test to be admissible: . . . it must be shown that the witness testifying is qualified as an expert on the HGN test, specifically concerning its administration and technique.

42003–2007
Pugh v. General Terrazzo Supplies, Inc. green
texapp · 2007
2 sentences

2012Id. at 94 .

2012Id. at 94 .

32012–2012
Harris County Appraisal District v. Texas Gas Transmission Corp. green
texapp · 2003
2 sentences

2011Id. at 92 .

2011Id. at 92 .

22011–2011
Bair Chase Property Co. v. S & K Development Co. green
texapp · 2008
2 sentences

2010Id. 14 .

2010Id. 22 when not delivered to the obligor before the obligor communicates notice of a violation to the creditor‖).

22010–2010
In the Interest of De La Pena green
texapp · 1999
2 sentences

2009In re De La Pena , 999 S.W.2d at 527 .

2009In re De La Pena, 999 S.W.2d at 527 .

22009–2009
Dixon v. State green
texapp · 1996
2 sentences

2002Id. at 681-82 ; see also Kyte, 944 S.W.2d at 29 (reversing conviction although drugs found in car that defendant was driving).

2002Id. at 681-82 ; see also Kyte, 944 S.W.2d at 29 (reversing conviction although drugs found in car that defendant was driving).

22002–2002
The PEOPLE v. Moore green
ill · 1969
2 sentences

1970The court cited People v. Speck, supra, and People v. Moore, 42 Ill.2d 73 , 246 N.E.2d 299 , in support of its holding.

1970The court cited People v. Speck, supra, and People v. Moore, 42 Ill.2d 73 , 246 N.E.2d 299 , in support of its holding.

21970–1970
Rodriguez v. Thompson green
texapp · 1976
1 sentence

2024Id.

12024–2024
Chapman Custom Homes, Inc., and Michael B. Duncan, Trustee of the M.B. Duncan Separate Property Trust v. Dallas Plumbing Company green
tex · 2014
1 sentence

2023Id. at *19–20.

12023–2023
Alabama v. White green
scotus · 1990
2 sentences

2021White, 496 U.S. at 328-29 , 110 S. Ct. at 2415 .

2021White, 496 U.S. at 328-29 , 110 S. Ct. at 2415 .

12021–2021
Chase Manhattan Bank, N.A. v. Greenbriar North Section II green
texapp · 1992
1 sentence

2018Id. at 724–25.

12018–2018
Frank B. Hall & Co. v. Beach, Inc. green
texapp · 1987
1 sentence

2016The court determined this rule was equally applicable to Insurance Code claims and held “any contributory negligence attributable to [the insured] could not defeat recovery on its Insurance Code claims,” Id.

12016–2016
Delaware v. Van Arsdall green
scotus · 1986
2 sentences

2015The Williams Court stated: “By holding that Williams’ waiver of her right to trial counsel was not made knowingly, intelligently, and voluntarily, the court determined that her waiver was invalid.27 The State does not challenge this holding, and although it characterizes the error as one involving insufficient admonishments, the particular error at issue concerns instead an invalid waiver of the right to counsel.”28 24 Id at 357 citing: Chapman v. California, 386 U.S. 18, 24 ; 87 S. Ct. 824 ; 17 L.Ed.2d 705 (1967); Rose v. Clark, 478 U.S. 570, 576-77 ; 106 S. Ct. 3101 ; 92 L.Ed.2d 460 (1986) (

2015The Williams Court stated: “By holding that Williams’ waiver of her right to trial counsel was not made knowingly, intelligently, and voluntarily, the court determined that her waiver was invalid.27 The State does not challenge this holding, and although it characterizes the error as one involving insufficient admonishments, the particular error at issue concerns instead an invalid waiver of the right to counsel.”28 24 Id at 357 citing: Chapman v. California, 386 U.S. 18, 24 ; 87 S. Ct. 824 ; 17 L.Ed.2d 705 (1967); Rose v. Clark, 478 U.S. 570, 576-77 ; 106 S. Ct. 3101 ; 92 L.Ed.2d 460 (1986) (

12015–2015
United States v. Cronic green
scotus · 1984
1 sentence

2015The Williams Court stated: “By holding that Williams’ waiver of her right to trial counsel was not made knowingly, intelligently, and voluntarily, the court determined that her waiver was invalid.27 The State does not challenge this holding, and although it characterizes the error as one involving insufficient admonishments, the particular error at issue concerns instead an invalid waiver of the right to counsel.”28 24 Id at 357 citing: Chapman v. California, 386 U.S. 18, 24 ; 87 S. Ct. 824 ; 17 L.Ed.2d 705 (1967); Rose v. Clark, 478 U.S. 570, 576-77 ; 106 S. Ct. 3101 ; 92 L.Ed.2d 460 (1986) (

12015–2015
Goffney v. State green
texcrimapp · 1992
12015–2015
Chapman v. California red
scotus · 1967
2 sentences

2015The Williams Court stated: “By holding that Williams’ waiver of her right to trial counsel was not made knowingly, intelligently, and voluntarily, the court determined that her waiver was invalid.27 The State does not challenge this holding, and although it characterizes the error as one involving insufficient admonishments, the particular error at issue concerns instead an invalid waiver of the right to counsel.”28 24 Id at 357 citing: Chapman v. California, 386 U.S. 18, 24 ; 87 S. Ct. 824 ; 17 L.Ed.2d 705 (1967); Rose v. Clark, 478 U.S. 570, 576-77 ; 106 S. Ct. 3101 ; 92 L.Ed.2d 460 (1986) (

2015The Williams Court stated: “By holding that Williams’ waiver of her right to trial counsel was not made knowingly, intelligently, and voluntarily, the court determined that her waiver was invalid.27 The State does not challenge this holding, and although it characterizes the error as one involving insufficient admonishments, the particular error at issue concerns instead an invalid waiver of the right to counsel.”28 24 Id at 357 citing: Chapman v. California, 386 U.S. 18, 24 ; 87 S. Ct. 824 ; 17 L.Ed.2d 705 (1967); Rose v. Clark, 478 U.S. 570, 576-77 ; 106 S. Ct. 3101 ; 92 L.Ed.2d 460 (1986) (

12015–2015
Gideon v. Wainwright green
scotus · 1963
12015–2015
Moore v. Illinois green
scotus · 1977
2 sentences

2015The Williams Court stated: “By holding that Williams’ waiver of her right to trial counsel was not made knowingly, intelligently, and voluntarily, the court determined that her waiver was invalid.27 The State does not challenge this holding, and although it characterizes the error as one involving insufficient admonishments, the particular error at issue concerns instead an invalid waiver of the right to counsel.”28 24 Id at 357 citing: Chapman v. California, 386 U.S. 18, 24 ; 87 S. Ct. 824 ; 17 L.Ed.2d 705 (1967); Rose v. Clark, 478 U.S. 570, 576-77 ; 106 S. Ct. 3101 ; 92 L.Ed.2d 460 (1986) (

2015The Williams Court stated: “By holding that Williams’ waiver of her right to trial counsel was not made knowingly, intelligently, and voluntarily, the court determined that her waiver was invalid.27 The State does not challenge this holding, and although it characterizes the error as one involving insufficient admonishments, the particular error at issue concerns instead an invalid waiver of the right to counsel.”28 24 Id at 357 citing: Chapman v. California, 386 U.S. 18, 24 ; 87 S. Ct. 824 ; 17 L.Ed.2d 705 (1967); Rose v. Clark, 478 U.S. 570, 576-77 ; 106 S. Ct. 3101 ; 92 L.Ed.2d 460 (1986) (

12015–2015
Milton v. Wainwright green
scotus · 1972
2 sentences

2015The Williams Court stated: “By holding that Williams’ waiver of her right to trial counsel was not made knowingly, intelligently, and voluntarily, the court determined that her waiver was invalid.27 The State does not challenge this holding, and although it characterizes the error as one involving insufficient admonishments, the particular error at issue concerns instead an invalid waiver of the right to counsel.”28 24 Id at 357 citing: Chapman v. California, 386 U.S. 18, 24 ; 87 S. Ct. 824 ; 17 L.Ed.2d 705 (1967); Rose v. Clark, 478 U.S. 570, 576-77 ; 106 S. Ct. 3101 ; 92 L.Ed.2d 460 (1986) (

2015The Williams Court stated: “By holding that Williams’ waiver of her right to trial counsel was not made knowingly, intelligently, and voluntarily, the court determined that her waiver was invalid.27 The State does not challenge this holding, and although it characterizes the error as one involving insufficient admonishments, the particular error at issue concerns instead an invalid waiver of the right to counsel.”28 24 Id at 357 citing: Chapman v. California, 386 U.S. 18, 24 ; 87 S. Ct. 824 ; 17 L.Ed.2d 705 (1967); Rose v. Clark, 478 U.S. 570, 576-77 ; 106 S. Ct. 3101 ; 92 L.Ed.2d 460 (1986) (

12015–2015
Chambers v. Maroney green
scotus · 1970
12015–2015
Rushen v. Spain green
scotus · 1983
12015–2015
Hopper v. Evans green
scotus · 1982
12015–2015
United States v. Hasting green
scotus · 1983
12015–2015
Black v. State green
texapp · 2012
12014–2014
Gamble v. State green
texapp · 1999
12014–2014
In Re Meador green
tex · 1998
12012–2012
ICI Construction, Inc. v. Orangefield Independent School District green
texapp · 2011
12011–2011
Brandon v. American Sterilizer Co. green
texapp · 1994
12011–2011
Ghazali v. Brown green
texapp · 2010
12011–2011
Love v. State green
texapp · 1995
12010–2010
In Re Whiteley green
texapp · 2002
12009–2009
Corbin v. Safeway Stores, Inc. green
tex · 1983
12009–2009
Corea v. State green
texapp · 2001
12005–2005
Texas Department of Public Safety v. Dear green
texapp · 1999
12005–2005
Carranza v. State green
texcrimapp · 1998
12001–2001
Ball v. State green
tenncrimapp · 1994
12000–2000
Mayo v. State green
texcrimapp · 1999
12000–2000
Flynn v. State green
texcrimapp · 1986
12000–2000
Boyd v. State green
texapp · 1995
11999–1999

Statutes the citing opinions construe

TX § Tex. Penal Code § 29.01 (7) TX § Tex. Penal Code § 29.03 (7) TX § Tex. Penal Code § 29.02 (6)

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

IL 79 (1973–2026) TX 69 (1970–2025) CA 62 (1953–2025) PA 44 (1909–2024) FL 43 (1978–2025) WA 34 (1966–2025) OH 29 (1943–2025) NY 28 (1981–2023) NJ 25 (1980–2025) IN 25 (1945–2019) MD 23 (1994–2024) MS 23 (1994–2026) MI 21 (1981–2026) TN 19 (1993–2022) CT 16 (1986–2019) MO 15 (1990–2024) WI 14 (1974–2024) KS 13 (1934–2020) UT 13 (1984–2022) OR 12 (2007–2022) LA 12 (1977–2018) IA 12 (1988–2019) NM 10 (1998–2013) AZ 10 (1977–2025) AL 9 (1991–2024) NC 9 (1987–2020) NE 8 (1999–2023) GA 8 (1996–2024) OK 8 (1986–2016) WY 7 (1979–2021) MN 7 (1993–2016) MT 7 (1989–2021) ID 6 (1990–2015) CO 6 (1992–2001) HI 5 (2002–2012) RI 5 (1981–2020) VA 5 (2000–2013) KY 4 (2008–2019) SD 4 (1986–2004) DE 4 (1974–2025) SC 4 (1993–2021) MA 3 (2002–2010) WV 3 (1979–2018) NV 3 (1982–2016) ND 2 (1965–2025) AR 2 (2001–2004) DC 2 (1982–1985) AK 2 (1980–1985)

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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