statute contained waiver (Texas) · Go Syfert
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statute contained waiver in Texas

9 Texas opinions name it 1 courts 1966–2016 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 (2)

CaseFollowedCited
Nolan County v. W. B. Simpson & Co.green
tex · 1889 · cited in 3 Texas opinions naming this issue, 2004–2004
2 sentences

2004The court observed that in one of these cases, “sovereign immunity was not at issue because the county brought suit.” Id. at 250 (citing Nolan County v. Simpson, 74 Tex. 218 , 11 S.W. 1098, 1099 (1889)).

2004The court observed that in one of these cases, “sovereign immunity was not at issue because the county brought suit.” Id. at 250 (citing Nolan County v. Simpson, 74 Tex. 218 , 11 S.W. 1098, 1099 (1889)).

33
Kolender v. Lawsongreen
scotus · 1983 · cited in 3 Texas opinions naming this issue, 2000–2000
2 sentences

2000See Kolender, 461 U.S. at 358-60 , 103 S.Ct. 1855 . 3 Section 42.05, as construed by the court of criminal appeals in Morehead, does not confer similar discretion on Texas police officers.

2000See Kolender, 461 U.S. at 358-60 , 103 S.Ct. 1855 . 3 Section 42.05, as construed by the court of criminal appeals in Morehead, does not confer similar discretion on Texas police officers.

33

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
Travis County v. Pelzel & Associates, Inc. red
tex · 2002
2 sentences

2004Most recently, in IT-Davy , four justices recognized in a concurring opinion by Justice Hecht that at least this one exception survived: "As one example, it has long been held that the State can waive immunity by filing suit." IT-Davy , 74 S.W.3d at 861 . (3) Similarly in Travis Co. v. Pelzel & Associates, Inc. , 77 S.W.3d 246 (Tex. 2002), the supreme court analyzed a series of cases interpreting whether a particular statute contained a waiver of sovereign immunity.

2004Most recently, in IT-Davy, four justices recognized in a concurring opinion by Justice Hecht that at least this one exception survived: “As one example, it has long been held that the State can waive immunity by filing suit.” IT-Davy, 74 S.W.3d at 861 . 3 Similarly in Travis Co. v. Pelzel & Associates, Inc., 77 S.W.3d 246 (Tex.2002), the supreme court analyzed a series of cases interpreting whether a particular statute contained a waiver of sovereign immunity.

32004–2004
Texas Natural Resource Conservation Commission v. IT-Davy green
tex · 2002
2 sentences

2004Most recently, in IT-Davy , four justices recognized in a concurring opinion by Justice Hecht that at least this one exception survived: "As one example, it has long been held that the State can waive immunity by filing suit." IT-Davy , 74 S.W.3d at 861 . (3) Similarly in Travis Co. v. Pelzel & Associates, Inc. , 77 S.W.3d 246 (Tex. 2002), the supreme court analyzed a series of cases interpreting whether a particular statute contained a waiver of sovereign immunity.

2004Most recently, in IT-Davy, four justices recognized in a concurring opinion by Justice Hecht that at least this one exception survived: “As one example, it has long been held that the State can waive immunity by filing suit.” IT-Davy, 74 S.W.3d at 861 . 3 Similarly in Travis Co. v. Pelzel & Associates, Inc., 77 S.W.3d 246 (Tex.2002), the supreme court analyzed a series of cases interpreting whether a particular statute contained a waiver of sovereign immunity.

32004–2004
Ex Parte Becker green
texcrimapp · 1970
1 sentence

2016Because it.was not statutorily required, the court concluded it was an “irregularity” and the district judge’s method was not of “sufficient gravity” to warrant holding the grand jury illegally constituted, “particularly without any showing of harm or prejudice.” Id. at 445 .

12016–2016
Leary v. United States green
scotus · 1969
2 sentences

1987This indicates that the Court was not intending to create a rule invalidating all affirmative defenses. 1 In Leary v. United States, 395 U.S. 6 , 89 S.Ct. 1532 , 23 L.Ed.2d 57 (1969), the Court held unconstitutional a statute defining a criminal offense whose elements were possession of illegally imported marihuana with knowledge of its illegal importation because the statute contained a presumption that proof of possession established guilt under the statute “unless the defendant explains his possession to the satisfaction of the jury.” The Court held that there was no rational relationship b

1987This indicates that the Court was not intending to create a rule invalidating all affirmative defenses. 1 In Leary v. United States, 395 U.S. 6 , 89 S.Ct. 1532 , 23 L.Ed.2d 57 (1969), the Court held unconstitutional a statute defining a criminal offense whose elements were possession of illegally imported marihuana with knowledge of its illegal importation because the statute contained a presumption that proof of possession established guilt under the statute “unless the defendant explains his possession to the satisfaction of the jury.” The Court held that there was no rational relationship b

11987–1987
Popham v. Patterson green
tex · 1932
2 sentences

1966Popham v. Patterson, 121 Tex. 615 , 51 S.W.2d 680 , Norton v. Kleberg County, 149 Tex. 261 , 231 S.W.2d 716 .

1966Popham v. Patterson, 121 Tex. 615 , 51 S.W.2d 680 , Norton v. Kleberg County, 149 Tex. 261 , 231 S.W.2d 716 .

11966–1966
Norton v. Kleberg County green
tex · 1950
2 sentences

1966Popham v. Patterson, 121 Tex. 615 , 51 S.W.2d 680 , Norton v. Kleberg County, 149 Tex. 261 , 231 S.W.2d 716 .

1966Popham v. Patterson, 121 Tex. 615 , 51 S.W.2d 680 , Norton v. Kleberg County, 149 Tex. 261 , 231 S.W.2d 716 .

11966–1966

Statutes the citing opinions construe

TX § Tex. Transp. Code § 201.112 (3) TX § Tex. Transp. Code § 221.001 (3)

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 (1966–2016) AL 6 (1997–2004) IL 5 (1956–2006) NJ 3 (1997–2000) GA 2 (1952–2026) WI 2 (1892–2002) OR 2 (1967–2001)

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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