prejudice prong test (Texas) · Go Syfert
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prejudice prong test in Texas

9 Texas opinions name it 5 courts 1996–2026 5 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 (5)

CaseFollowedCited
Strickland v. Washingtongreen
scotus · 1984 · cited in 3 Texas opinions naming this issue, 1996–2015
2 sentences

1996Accordingly, in Strickland v. Washington, 466 U.S. 668, at 694 , 104 S.Ct. 2052, at 2068 , 80 L.Ed.2d 674, at 698 (1984), in defining the prejudice prong of the test for Sixth Amendment ineffective assistance of counsel, and in United States v. Bagley, supra, 473 U.S. at 682 , 105 S.Ct. at 3383 , 87 L.Ed.2d at 494 , when defining “materiality” of Brady-type error (other than the knowing use of perjured testimony), the Supreme Court unmistakably constructed a standard that is outcome-determinative, viz: whether there is a “reasonable probability that ... the result of the proceeding would have

1996Accordingly, in Strickland v. Washington, 466 U.S. 668, at 694 , 104 S.Ct. 2052, at 2068 , 80 L.Ed.2d 674, at 698 (1984), in defining the prejudice prong of the test for Sixth Amendment ineffective assistance of counsel, and in United States v. Bagley, supra, 473 U.S. at 682 , 105 S.Ct. at 3383 , 87 L.Ed.2d at 494 , when defining “materiality” of Brady-type error (other than the knowing use of perjured testimony), the Supreme Court unmistakably constructed a standard that is outcome-determinative, viz: whether there is a “reasonable probability that ... the result of the proceeding would have

23
Torres, Ex Parte Manuelgreen
texcrimapp · 2016 · cited in 3 Texas opinions naming this issue, 2021–2026
2 sentences

2026See Torres, 483 S.W.3d at 43 .

2022Ex parte Torres, 483 S.W.3d at 43 .

13
Sutton, Christopher Leegreen
texcrimapp · 2016 · cited in 1 Texas opinions naming this issue, 2026–2026
1 sentence

2026See RSL Funding, LLC, 499 S.W.3d at 434 (recognizing that when a party opposing arbitration fails to establish the first prong of the test for waiver, i.e., that the moving party substantially invoked the judicial process, it is unnecessary for the court to address the second prong of the analysis, i.e., whether the opposing party suffered any prejudice or detriment); see also Henry, 551 S.W.3d at 118 (concluding that because the party moving for arbitration did not substantially invoke the judicial process, the court did not need to address whether the non-moving parties were prejudiced by th

11
Henry v. Cash Biz, LPgreen
· 2018 · cited in 1 Texas opinions naming this issue, 2026–2026
1 sentence

2026See RSL Funding, LLC, 499 S.W.3d at 434 (recognizing that when a party opposing arbitration fails to establish the first prong of the test for waiver, i.e., that the moving party substantially invoked the judicial process, it is unnecessary for the court to address the second prong of the analysis, i.e., whether the opposing party suffered any prejudice or detriment); see also Henry, 551 S.W.3d at 118 (concluding that because the party moving for arbitration did not substantially invoke the judicial process, the court did not need to address whether the non-moving parties were prejudiced by th

11
RSL Funding, LLC v. Pippinsgreen
texapp · 2016 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021RSL Funding, LLC v. Pippins, 499 S.W.3d 423, 434 (Tex. 2016).

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 (4)

CaseCitedYears
Thompson v. State green
texcrimapp · 1999
1 sentence

2018Thompson, 9 S.W.3d at 812 .

12018–2018
Garcia v. State green
texcrimapp · 2001
1 sentence

2013See 5 Strickland, 466 U.S. at 697 ; Garcia, 57 S.W.3d at 440 .

12013–2013
Kyles v. Whitley green
scotus · 1995
2 sentences

1996My conclusion is bolstered by an observation the Supreme Court made in Kyles v. Whitley, 514 U.S.-, 115 S.Ct. 1555 , 131 L.Ed.2d 490 (1995).

1996My conclusion is bolstered by an observation the Supreme Court made in Kyles v. Whitley, 514 U.S.-, 115 S.Ct. 1555 , 131 L.Ed.2d 490 (1995).

11996–1996
United States v. Bagley green
scotus · 1985
2 sentences

1996Accordingly, in Strickland v. Washington, 466 U.S. 668, at 694 , 104 S.Ct. 2052, at 2068 , 80 L.Ed.2d 674, at 698 (1984), in defining the prejudice prong of the test for Sixth Amendment ineffective assistance of counsel, and in United States v. Bagley, supra, 473 U.S. at 682 , 105 S.Ct. at 3383 , 87 L.Ed.2d at 494 , when defining “materiality” of Brady-type error (other than the knowing use of perjured testimony), the Supreme Court unmistakably constructed a standard that is outcome-determinative, viz: whether there is a “reasonable probability that ... the result of the proceeding would have

1996Accordingly, in Strickland v. Washington, 466 U.S. 668, at 694 , 104 S.Ct. 2052, at 2068 , 80 L.Ed.2d 674, at 698 (1984), in defining the prejudice prong of the test for Sixth Amendment ineffective assistance of counsel, and in United States v. Bagley, supra, 473 U.S. at 682 , 105 S.Ct. at 3383 , 87 L.Ed.2d at 494 , when defining “materiality” of Brady-type error (other than the knowing use of perjured testimony), the Supreme Court unmistakably constructed a standard that is outcome-determinative, viz: whether there is a “reasonable probability that ... the result of the proceeding would have

11996–1996

Where else courts name it

TN 366 (1998–2026) PA 74 (1994–2026) MO 60 (1988–2025) IA 30 (1989–2025) IL 29 (1990–2025) IN 26 (1997–2018) OH 25 (1999–2026) GA 22 (2003–2023) FL 21 (1988–2018) MI 21 (2011–2025) WI 13 (1993–2025) NM 12 (1991–2025) WA 12 (1988–2026) KS 12 (2006–2024) CT 11 (2002–2026) TX 9 (1996–2026) LA 7 (2000–2017) CA 7 (1993–2025) UT 5 (2011–2025) NE 4 (2018–2021) MS 4 (1997–2008) MD 3 (1992–2012) ID 3 (2010–2024) NJ 3 (1999–2004) AL 2 (2000–2004) SC 2 (2004–2024) VA 2 (1996–1997) SD 2 (1999–2013) AZ 2 (2012–2017) OR 2 (2017–2020)

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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