reasoning underlying rule (Texas) · Go Syfert
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reasoning underlying rule in Texas

9 Texas opinions name it 2 courts 1984–2020 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 (1)

CaseFollowedCited
Nicholson v. Hermangreen
texapp · 1999 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020Id.; see also Nicholson, 986 S.W.2d at 63 (“Under ordinary circumstances, Texas landowners do not have a duty to warn their guests about the presence and behavior patterns of every species of indigenous wild animals and plants which pose a potential threat to a person’s safety . . . .”).

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
United States v. Scott green
scotus · 1978
2 sentences

2005The reasoning underlying the rule, the court noted, was that a defendant's motion for mistrial is considered "a deliberate election on his part to forego his valued right to have his guilt or innocence determined before the first trier of fact." Id. at 698 (quoting United States v. Scott , 437 U.S. 82, 93 , 98 S.Ct. 2187 , 57 L.Ed.2d 65 (1978)).

2005The reasoning underlying the rule, the court noted, was that a defendant's motion for mistrial is considered "a deliberate election on his part to forego his valued right to have his guilt or innocence determined before the first trier of fact." Id. at 698 (quoting United States v. Scott , 437 U.S. 82, 93 , 98 S.Ct. 2187 , 57 L.Ed.2d 65 (1978)).

71998–2005
Bauder v. State red
texcrimapp · 1996
2 sentences

2005The reasoning underlying the rule, the court noted, was that a defendant's motion for mistrial is considered "a deliberate election on his part to forego his valued right to have his guilt or innocence determined before the first trier of fact." Id. at 698 (quoting United States v. Scott , 437 U.S. 82, 93 , 98 S.Ct. 2187 , 57 L.Ed.2d 65 (1978)).

2003The reasoning underlying the rule is that a defendant’s motion for mistrial is considered “a deliberate election on his part to forego his valued right to have his guilt or innocence determined before the first trier of fact.” Id. at 698 (quoting United States v. Scott, 437 U.S. 82, 93 , 98 S.Ct. 2187 , 57 L.Ed.2d 65 (1978)).

71998–2005
Union Pacific Railroad Company v. William Nami green
tex · 2016
1 sentence

2020The reasoning underlying the doctrine is that wild animals “exist throughout nature” and are “generally not predictable or controllable.” Nami, 498 S.W.3d at 897 (quoting 4 AM JUR. 2d, Animals § 62 (2007)). 8 In turn, the mere fact that an indigenous wild animal has crossed a landowner’s property line does not make the landowner better able to protect an invitee than the invitee is to protect himself.

12020–2020
Parker and Parker Construction Co. v. Morris green
texapp · 1961
1 sentence

1984Parker, supra at 924-25 .

11984–1984

Where else courts name it

IL 12 (1975–2020) TX 9 (1984–2020) NY 7 (1923–2026) WV 6 (2002–2018) CA 5 (1961–2003) VA 4 (1983–1996) NJ 4 (1979–2024) PA 4 (1981–2025) LA 3 (2008–2013) MD 3 (2001–2006) AR 3 (1996–2019) WI 3 (2000–2008) CT 2 (1917–2008) FL 2 (1961–1999) TN 2 (1923–2017) OR 2 (1998–2020) NM 2 (2025–2025) ID 2 (1953–1966)

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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