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

9 Texas opinions name it 2 courts 1984–2023 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 (4)

CaseFollowedCited
May v. Stategreen
texcrimapp · 1996 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See May v. State, 919 S.W.2d 422, 424 (Tex.Crim.App.1996).

2010See May v. State, 919 S.W.2d 422, 424 (Tex.Crim.App.1996).

22
Egger v. Stategreen
texapp · 2001 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Egger v. State, 62 S.W.3d 221, 224 (Tex. App.—San Antonio 2001, no pet.) (“Absent an affirmative showing to the contrary, a recitation in the trial court's judgment alone is sufficient to show a valid jury waiver.”).

11
Breazeale v. Stategreen
texcrimapp · 1985 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008The Court consented to the waiver of a jury." That recitation is "binding in the absence of direct proof of [its] falsity." Johnson , 72 S.W.3d at 349 (citing Breazeale v. State , 683 S.W.2d 446, 450 (Tex. Crim.

11
Rogers v. Rogersgreen
tex · 1978 · cited in 1 Texas opinions naming this issue, 1984–1984
1 sentence

1984Rogers v. Rogers, 561 S.W.2d 172,173 (Tex. 1978). 4 A mere showing that relator was present at the hearing and that he failed to object to the absence of a court reporter is not a showing that he waived his right to a statement of facts and that the court consented to this waiver.

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Ex Parte Juarezgreen
texapp · 1984 · cited in 4 Texas opinions naming this issue, 2003–2023
2 sentences

2003But see Ex parte Juarez , 665 S.W.2d 200, 201 (Tex. App.--San Antonio 1984, no writ) (stating that "A mere showing that relator was present at the hearing and that he failed to object to the absence of a court reporter is not a showing that he waived his right to a statement of facts and that the court consented to this waiver.").

2003But see Ex parte Juarez, 665 S.W.2d 200, 201 (Tex.App.-San Antonio 1984, no writ) (stating that “A mere showing that relator was present at the hearing and that he failed to object to the absence of a court reporter is not a showing that he waived his right to a statement of facts and that the court consented to this waiver.”).

34

Also cited on this issue (2)

CaseCitedYears
Ex Parte Jones green
texapp · 1985
2 sentences

2023In contrast, other courts of appeals—including at least one court that agreed section 105.003(c) “places an affirmative duty upon the trial court”—have held a party “may waive the making of a record by express written agreement or by failing to object to the lack of a record during the hearing.” In re D.J.M., 114 S.W.3d at 639 ; see also Baker v. Curphy, No. 09-15-00528-CV, 2016 WL 5224753 , at *1 (Tex. App.—Beaumont Sept. 22, 2016, no pet.) (mem. op.); Ex parte Jones, 700 S.W.2d 15 , 16-17 (Tex. App.—Eastland 1985, no writ) (refusing to follow Ex parte Juarez).

2003This possibility of waiver “does not deny a party’s right to a record, but merely prevents one from ‘lying behind the log.’ ” Jones, 700 S.W.2d at 17 .

42003–2023
Pham v. State green
texcrimapp · 2002
1 sentence

2008The Court consented to the waiver of a jury." That recitation is "binding in the absence of direct proof of [its] falsity." Johnson , 72 S.W.3d at 349 (citing Breazeale v. State , 683 S.W.2d 446, 450 (Tex. Crim.

12008–2008

Statutes the citing opinions construe

TX § Tex. Fam. Code § 105.003 (4)

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.

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