party asserting a facial challenge (Texas) · Go Syfert
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party asserting a facial challenge in Texas

9 Texas opinions name it 2 courts 2010–2019 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 (4)

CaseFollowedCited
Santikos v. Stategreen
texcrimapp · 1992 · cited in 2 Texas opinions naming this issue, 2018–2019
2 sentences

2019“A facial challenge to a statute is the most difficult challenge to mount successfully because the challenger must establish that no set of circumstances exists under which the statute will be valid.” Santikos v. State, 836 S.W.2d 631, 633 (Tex. Crim.

2018It is, therefore, “the most difficult challenge to mount successfully.” Santikos v. State, 836 S.W.2d 631, 633 (Tex. Crim.

22
State of Texas v. Rosseau, Robert Louisgreen
texcrimapp · 2013 · cited in 7 Texas opinions naming this issue, 2014–2019
2 sentences

2019As such, the challenger must establish that “no set of circumstances exists under which the statute would be valid.” Id.; see Rosseau, 396 S.W.3d at 557 (holding that a party asserting a facial challenge “must establish that the statute always operates unconstitutionally in all possible circumstances”).

2015See French, 830 S.W.2d at Constitutions). 609 (agreeing “appellate court has authority to reform a [trial court] judgment to ... make the record speak the To prevail, the party asserting a facial challenge “must truth when the matter has been called to its attention by establish that the statute always operates any source”); Nolan, 39 S.W.3d at 698 (“An appellate unconstitutionally in all possible circumstances.” court has the power to correct and reform a trial court Rosseau, 396 S.W.3d at 557 .

17
Horhn v. Stategreen
texapp · 2016 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018To prevail, the party asserting a facial challenge “must establish that the statute always operates unconstitutionally in all possible circumstances.” Rosseau, 396 S.W.3d at 557; see Horhn v. State, 481 S.W.3d 363, 372 (Tex. App.—Houston [1st Dist.] 2015, pet. ref’d).

11
Karenev v. Stategreen
texcrimapp · 2009 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010A party asserting a facial challenge to a statute seeks to vindicate not only his own rights, but also those of others who may also be adversely impacted by the statute in question.'" See Karenev v. State , 281 S.W.3d 428, 435 (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 (1)

CaseCitedYears
Asberry v. State green
texapp · 1991
1 sentence

2015When construing a statute, judgment ‘to make the record speak the truth when it has courts consider, among other factors, the object sought to the necessary data and information to do so ....’ ” (quoting be attained by the legislation, laws on the same or similar Asberry, 813 S.W.2d at 529 )); see also TEX.

12015–2015

Statutes the citing opinions construe

TX § Tex. Penal Code § 22.021 (6) TX § Tex. Transp. Code § 222.002 (5)

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 9 (2010–2019) OH 4 (2018–2022) IL 2 (2004–2004)

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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