general balancing test (Texas) · Go Syfert
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general balancing test in Texas

9 Texas opinions name it 1 courts 1998–2024 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 (3)

CaseFollowedCited
Boyle v. Statered
texcrimapp · 1991 · cited in 4 Texas opinions naming this issue, 1998–2020
2 sentences

2020See Boyle, 820 S.W.2d at 148 n.9; see also Robisheaux v. State, 483 S.W.3d 205, 223-24 (Tex. App.—Austin 2016, pet. ref’d).

2017See Boyle, 820 S.W.2d at 148 n.9. 2Because we recognize that we are not the final authority to determine the admissibility of this evidence, we have intentionally avoided a detailed discussion or recitation of the content of the text messages.

44
Brandon Robisheaux v. Stategreen
texapp · 2016 · cited in 3 Texas opinions naming this issue, 2016–2020
2 sentences

2020See Boyle, 820 S.W.2d at 148 n.9; see also Robisheaux v. State, 483 S.W.3d 205, 223-24 (Tex. App.—Austin 2016, pet. ref’d).

2016Evid. 412(b)(2)(A), (b)(3) (emphasis added). 1 “ ‘The function of the balancing test of Rule 412(b)(3) is generally consistent with that under Rule 403,’ but ‘the general balancing test under Rule 403 weighs in favor of the admissibility of evidence, while Rule 412(b)(3) weighs against the admissibility of evidence.’ ” Robisheaux v. State, 483 S.W.3d 205, 223-24 (Tex.App.-Austin 2016, no. pet. h.) (quoting Stephens v. State, 978 S.W,2d 728, 732-33 (Tex.App.Austin 1998, pet. ref'd); see Tex.R.

23
Stephens v. Stategreen
texapp · 1998 · cited in 3 Texas opinions naming this issue, 2010–2024
2 sentences

2024Id.

2016Evid. 412(b)(2)(A), (b)(3) (emphasis added). 1 “ ‘The function of the balancing test of Rule 412(b)(3) is generally consistent with that under Rule 403,’ but ‘the general balancing test under Rule 403 weighs in favor of the admissibility of evidence, while Rule 412(b)(3) weighs against the admissibility of evidence.’ ” Robisheaux v. State, 483 S.W.3d 205, 223-24 (Tex.App.-Austin 2016, no. pet. h.) (quoting Stephens v. State, 978 S.W,2d 728, 732-33 (Tex.App.Austin 1998, pet. ref'd); see Tex.R.

13

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 (1)

CaseCitedYears
State v. Allen Tercero green
texapp · 2015
1 sentence

2015See Villarreal, 014 WL 6734178 , at *17–18; Tercero, 2015 WL 1544519 , at *5–6; see also Bowman, 2015 WL 557205 , at * 9.

12015–2015

Statutes the citing opinions construe

TX § Tex. Penal Code § 22.011 (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.

Where else courts name it

CA 27 (1994–2026) TX 9 (1998–2024) NY 8 (2005–2025) NJ 4 (2007–2019) IL 3 (2007–2025) IA 2 (2005–2010)

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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