Reply brief (Texas) · Go Syfert
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Reply brief in Texas

9 Texas opinions name it 2 courts 1884–2023 3 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 (8)

CaseFollowedCited
Texas Health & Human Services Commission v. Advocates for Patient Access, Inc.green
texapp · 2013 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022Comm’n v. Advocates for Patient Access, Inc., 399 S.W.3d 615, 625 (Tex. App.—Austin 2013, no pet.)).5 STVC concedes this point in its Reply brief.

11
TEXAS DMHMR v. Petty by Kauffmangreen
tex · 1993 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022In its Reply brief, Triple B argues that deference to the Legislature should not be “an abdication or acknowledgement [that] the Legislature is the authority on immunity.” That said, Triple B acknowledges in its Reply Brief that abolishing governmental immunity from breach of contract lawsuits is beyond the reach of this Court. 9 Citing Tex. Dep’t of Mental Health and Mental Retardation v. Petty, 848 S.W.2d 680, 687 (Tex. 1992) (Cornyn, J., dissenting), and Calhoun v. Pasadena Indep.

11
City of Houston v. Allco, Inc.green
texapp · 2007 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022In its Reply brief, Triple B argues that the City’s plea to the jurisdiction “did not challenge any pleaded jurisdictional facts, nor did it challenge the existence of jurisdictional facts.” Triple B also argues that “[t]he trial court implicitly tried to make Triple B put on its case to establish jurisdiction and it considered and gave credit to evidence that was irrelevant to a plea to the jurisdiction.” 8 Citing to Cty. of Galveston v. Triple B Services, LLP, 498 S.W.3d 176, 185 (Tex. App.—Houston [1st Dist.] 2016, pet. denied); City of Houston v. Allco, Inc., 238 S.W.3d 849, 850 (Tex. App.

11
County of Galveston v. Triple B Services, LLPgreen
texapp · 2016 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022In its Reply brief, Triple B argues that the City’s plea to the jurisdiction “did not challenge any pleaded jurisdictional facts, nor did it challenge the existence of jurisdictional facts.” Triple B also argues that “[t]he trial court implicitly tried to make Triple B put on its case to establish jurisdiction and it considered and gave credit to evidence that was irrelevant to a plea to the jurisdiction.” 8 Citing to Cty. of Galveston v. Triple B Services, LLP, 498 S.W.3d 176, 185 (Tex. App.—Houston [1st Dist.] 2016, pet. denied); City of Houston v. Allco, Inc., 238 S.W.3d 849, 850 (Tex. App.

11
United States v. Jonesgreen
scotus · 2012 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

2015Justice Chapa, in her dissenting opinion, quoting Riley v. California, 134 S.Ct. 2473, 2490 (2014), was aware of Ford’s briefed complaints when she wrote “[h]istoric location information is a standard feature on many smart phones and can reconstruct someone’s specific movements down to the minute, not only around town but also within a particular building.” Although less precise than GPS records, see Jones, 132 S.Ct. at 955 (Sotomayor, J., concurring); see also id. at 963 (Alito, J., concurring in judgment), Ford also complained that the historic cell site data compiled by cell phone providers

2015Justice Chapa, in her dissenting opinion, quoting Riley v. California, 134 S.Ct. 2473, 2490 (2014), was aware of Ford’s briefed complaints when she wrote “[h]istoric location information is a standard feature on many smart phones and can reconstruct someone’s specific movements down to the minute, not only around town but also within a particular building.” Although less precise than GPS records, see Jones, 132 S.Ct. at 955 (Sotomayor, J., concurring); see also id. at 963 (Alito, J., concurring in judgment), Ford also complained that the historic cell site data compiled by cell phone providers

11
Riley v. Cal. United Statesgreen
· 2014 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Justice Chapa, in her dissenting opinion, quoting Riley v. California, 134 S.Ct. 2473, 2490 (2014), was aware of Ford’s briefed complaints when she wrote “[h]istoric location information is a standard feature on many smart phones and can reconstruct someone’s specific movements down to the minute, not only around town but also within a particular building.” Although less precise than GPS records, see Jones, 132 S.Ct. at 955 (Sotomayor, J., concurring); see also id. at 963 (Alito, J., concurring in judgment), Ford also complained that the historic cell site data compiled by cell phone providers

11
Tilbury v. Stategreen
texapp · 1994 · cited in 1 Texas opinions naming this issue, 1995–1995
1 sentence

1995Id.; accord, Tilbury v. State, 890 S.W.2d 219, 223-24 (Tex.App.— Fort Worth 1994, no hist.) (holding the argument proper because it did not accuse defense counsel of manufacturing evidence but of manufacturing reasonable doubt); Fegurgur v. State, 734 S.W.2d 103, 106 (Tex.App.— Austin 1987, no pet.) (holding the prosecutor’s statement that “not once did she [defense counsel] ever give you any reason why this self-serving exculpatory ... pack of lies that her client told ...

11
Fegurgur v. Stategreen
texapp · 1987 · cited in 1 Texas opinions naming this issue, 1995–1995
1 sentence

1995Id.; accord, Tilbury v. State, 890 S.W.2d 219, 223-24 (Tex.App.— Fort Worth 1994, no hist.) (holding the argument proper because it did not accuse defense counsel of manufacturing evidence but of manufacturing reasonable doubt); Fegurgur v. State, 734 S.W.2d 103, 106 (Tex.App.— Austin 1987, no pet.) (holding the prosecutor’s statement that “not once did she [defense counsel] ever give you any reason why this self-serving exculpatory ... pack of lies that her client told ...

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 (6)

CaseCitedYears
Young v. Di Ferrante green
texapp · 2018
1 sentence

2023See Unifund CCR, LLC v. Whitaker, No. 09-19-00420-CV, 2021 Tex. App. 3 Appellant did not file a Reply brief. 11 LEXIS 10190 , at *3 (Tex. App.—Beaumont Dec. 30, 2021, no pet.) (mem. op.); Young, 553 S.W.3d at 128 (citing Tex. R.

12023–2023
Perry Homes v. Cull green
tex · 2008
1 sentence

2019Comparing Vectra’s conduct to the conduct of the plaintiffs in Perry Homes v. Cull, 258 S.W.3d 580 (Tex. 2008), Adema asserted Vectra’s conduct prejudiced him as Vectra “sought to have it both ways by switching between litigation and arbitration to its own advantage[,] obtain[ing] extensive discovery under one set of rules and now seek[ing] to arbitrate . . . under another, delay[ing] disposition by switching to arbitration when trial was imminent, and obtain[ing] orders from the court while limiting [his] and [Chintam’s] rights to appellate review.”5 In a reply and at the hearing on the motio

12019–2019
Nichols v. State green
texcrimapp · 1974
1 sentence

1984In Nichols v. State, 504 S.W.2d 462 (Tex.Cr.App.1974), the court’s reply to defense counsel’s objection to prosecutorial argument was “The jury will have to remember the testimony”.

11984–1984
Childress v. Grim green
tex · 1882
1 sentence

1894Childress v. Grim, 57 Texas, 56 ; Ortiz v. Benavides, 61 Texas, 60 .

11894–1894
Ortiz v. de Benavides neutral
tex · 1884
1 sentence

1894Childress v. Grim, 57 Texas, 56 ; Ortiz v. Benavides, 61 Texas, 60 .

11894–1894
Thomas v. Porter neutral
tex · 1882
1 sentence

1884Childress v. Grim, 57 Texas 59 .

11884–1884

Where else courts name it

NE 112 (1988–2026) OH 21 (1990–2021) WI 14 (1984–2026) AL 12 (1986–2025) CA 10 (1881–2015) IL 9 (1967–2016) IN 9 (1888–2012) TX 9 (1884–2023) CT 8 (1949–1997) NY 5 (1863–2023) SC 4 (1917–1955) MI 4 (1917–1994) KY 4 (1916–2026) DC 3 (1988–1996) PA 3 (2014–2019) OK 2 (1929–1931) MT 2 (2008–2018) WV 2 (2009–2016) ME 2 (1995–2004) FL 2 (1953–1987) OR 2 (1913–2012) GA 2 (1903–1981) NJ 2 (2016–2020) WA 2 (1895–2013) MO 2 (1921–2021) NM 2 (1920–2024)

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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