stand-alone violation (Texas) · Go Syfert
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stand-alone violation in Texas

9 Texas opinions name it 3 courts 2009–2023 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 (5)

CaseFollowedCited
Denton County v. Beynongreen
tex · 2009 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009Denton County, 283 S.W.3d at 331-32, nn. 11, 15 . "[T]he statutory test is simply whether the condition is of the same class as an excavation or obstruction.” Id. at 322 n. 11. 4 .

2009Denton County , 283 S.W.3d at 331-32, nn. 11,15 . "[T]he statutory test is simply whether the condition is of the same class as an excavation or obstruction." Id . at 322 n.11. 4.

22
Lingle v. Chevron U. S. A. Inc.green
scotus · 2005 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023Id. at 540 (explaining that “substantially advances” language has been read to announce stand-alone regulatory takings test “wholly independent of Penn Central or any other test”).

11
Bellnoa v. City of Austingreen
texapp · 1995 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See id. at *6 (explaining that section 101.021 is not “a stand-alone waiver of immunity that is independent and mutually exclusive of Section 101.021’s waiver of immunity for premises-defect claims”); Bellnoa v. City of Austin, 894 S.W.2d 821, 825 (Tex. App.— Austin 1995 , no writ) (analyzing decision to raise speed limit under section 101.021 and section 101.056 after concluding that sign reflecting that raised speed limit was not “condition” under section 101.060).

11
JSC Foreign Economic Ass'n Technostroyex-Port v. International Development & Trade Services, Inc.green
nysd · 2003 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See JSC, 295 F. Supp. 2d at 389 ; In re Boyd, No. ADV 12-05107, 2012 WL 5199141 , at *6 (Bankr.

11
Chavez v. Martinezgreen
scotus · 2003 · cited in 1 Texas opinions naming this issue, 2010–2010
2 sentences

2010Although conduct by law enforcement officials prior to trial may ultimately impair that right, a constitutional violation occurs only at trial”).54 Justice Thomas concluded: “Accordingly, Chavez’s failure to read Miranda warnings to Martinez did not violate Martinez’s constitutional rights and cannot be grounds for a § 1983 action.”55 Justice Kennedy, joined by Justice Stevens, stated: “I agree with Justice Thomas that failure to give a Miranda warning does not, without more, establish a completed violation when the unwarned interrogation ensues.”56 And Justice Souter, joined by Justice Breyer

2010Although conduct by law enforcement officials prior to trial may ultimately impair that right, a constitutional violation occurs only at trial”).54 Justice Thomas concluded: “Accordingly, Chavez’s failure to read Miranda warnings to Martinez did not violate Martinez’s constitutional rights and cannot be grounds for a § 1983 action.”55 Justice Kennedy, joined by Justice Stevens, stated: “I agree with Justice Thomas that failure to give a Miranda warning does not, without more, establish a completed violation when the unwarned interrogation ensues.”56 And Justice Souter, joined by Justice Breyer

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 (3)

CaseCitedYears
the City of El Paso, Texas v. Mazie's, L.P. and Whitney Properties, L.P. green
texapp · 2012
1 sentence

2016As we said in Maize’s, we do not “restrict our analysis to a single paragraph in the petition.” 408 S.W.3d at 19 .

12016–2016
Alonzo v. State green
texcrimapp · 2011
1 sentence

2013See Tex. Penal Code § 9.31(a); Alonzo v. State, 353 S.W.3d 778 , 782–83 (Tex. Crim.

12013–2013
In Re Columbia Valley Healthcare System, L.P. green
tex · 2010
1 sentence

2011For example, in In re Columbia, the paralegal had similarly performed limited work on both sides of the same case. 320 S.W.3d at 823 .

12011–2011

Where else courts name it

TN 15 (2009–2026) CA 12 (2009–2026) PA 12 (2008–2024) NC 10 (2019–2025) TX 9 (2009–2023) OR 8 (2020–2025) MD 7 (2013–2023) NY 5 (2017–2026) OH 4 (2007–2024) IA 4 (2002–2024) WV 4 (2012–2026) VI 4 (2014–2023) VA 3 (2002–2025) UT 3 (2014–2019) WA 3 (2015–2021) MT 3 (2002–2015) NM 3 (2018–2024) MI 3 (2014–2022) DE 2 (2021–2022) KY 2 (2011–2020) CO 2 (2013–2026) AR 2 (2006–2006)

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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