abolished rule (Texas) · Go Syfert
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abolished rule in Texas

8 Texas opinions name it 3 courts 1984–2012 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 (4)

CaseFollowedCited
Hankins v. Stategreen
texcrimapp · 1983 · cited in 4 Texas opinions naming this issue, 1986–1991
2 sentences

1991In Hankins v. State, 646 S.W.2d 191 (Tex.Cr.App.1981), this Court abolished the requirement that a trial court provide the jury with an instruction concerning the weight to be given circumstantial evidence. 3 We reasoned that such an instruction rested on the untenable proposition that circumstantial evidence was less trustworthy than direct evidence. 646 S.W.2d at 197 (opinion on rehearing).

1991In Hankins v. State, 646 S.W.2d 191 (Tex.Cr.App.1981), this Court abolished the requirement that a trial court provide the jury with an instruction concerning the weight to be given circumstantial evidence. 3 We reasoned that such an instruction rested on the untenable proposition that circumstantial evidence was less trustworthy than direct evidence. 646 S.W.2d at 197 (opinion on rehearing).

24
Thomas Fashauer, Jr. v. New Jersey Transit Rail Operations, Incgreen
ca3 · 1995 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012See Fashauer v. New Jersey Transit Rail Operations, Inc., 57 F.3d 1269, 1279 (3d Cir. 1995) (stating that when the employee is given a specific order—that is, where he or she is told to perform a specific task in a particular way "he is not contributorily negligent; rather his conduct falls under the abolished doctrine of assumption of risk.").

11
Bounds v. Caudlegreen
tex · 1977 · cited in 1 Texas opinions naming this issue, 1986–1986
2 sentences

1986Id. at 927.

1986Id. at 927.

11
Butler v. Stategreen
texcrimapp · 1973 · cited in 1 Texas opinions naming this issue, 1986–1986
2 sentences

1986I also believe that Judge Roberts, a former member of this Court, if he were still on the Court, would repeat today what he stated in the dissenting opinion that he filed in Butler v. State, 493 S.W.2d 190, 198 (Tex.Cr.App.1973), to which saying I subscribe: “I am not a slave to stare deci-sis as to adhere to holdings that are not reasonable or rational, simply because they are old ...

1986I also believe that Judge Roberts, a former member of this Court, if he were still on the Court, would repeat today what he stated in the dissenting opinion that he filed in Butler v. State, 493 S.W.2d 190, 198 (Tex.Cr.App.1973), to which saying I subscribe: "I am not a slave to stare decisis as to adhere to holdings that are not reasonable or rational, simply because they are old ...

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 (5)

CaseCitedYears
Duncan v. Cessna Aircraft Co. red
tex · 1984
2 sentences

1994Id. at 421 .

1984In Duncan v. Cessna Aircraft Company, 665 S.W.2d 414 (Tex.1984), this court abolished that defense in products cases' as it had earlier done in negligence cases.

21984–1994
Faulder v. State green
texcrimapp · 1980
1 sentence

1986See Hankins v. State, 646 S.W.2d 191 (Tex.Cr.App.1983) (abolition of the necessity to ever charge on the law of circumstantial evidence); Ex parte McWilliams, 634 S.W.2d 815 (Tex.Cr.App.1982) (opinion on State’s motion for rehearing) (abolition of the carving doctrine); Faulder v. Hill, 612 S.W.2d 512 (Tex.Cr.App.1981) (authorizing the right of the State to appeal in certain circumstances despite constitutional and statutory prohibitions).” In Hypolite, supra, a majority of this Court abolished the rule of law that a motion to dismiss the appeal had to be notarized.

11986–1986
Hypolite v. State green
texcrimapp · 1983
2 sentences

1986See Hankins v. State, 646 S.W.2d 191 (Tex.Cr.App.1983) (abolition of the necessity to ever charge on the law of circumstantial evidence); Ex parte McWilliams, 634 S.W.2d 815 (Tex.Cr.App.1982) (opinion on State’s motion for rehearing) (abolition of the carving doctrine); Faulder v. Hill, 612 S.W.2d 512 (Tex.Cr.App.1981) (authorizing the right of the State to appeal in certain circumstances despite constitutional and statutory prohibitions).” In Hypolite, supra, a majority of this Court abolished the rule of law that a motion to dismiss the appeal had to be notarized.

1986App.1981) (authorizing the right of the State to appeal in certain circumstances despite constitutional and statutory prohibitions)." In Hypolite, supra, a majority of this Court abolished the rule of law that a motion to dismiss the appeal had to be notarized.

11986–1986
Ex Parte McWilliams green
texcrimapp · 1982
1 sentence

1986See Hankins v. State, 646 S.W.2d 191 (Tex.Cr.App.1983) (abolition of the necessity to ever charge on the law of circumstantial evidence); Ex parte McWilliams, 634 S.W.2d 815 (Tex.Cr.App.1982) (opinion on State’s motion for rehearing) (abolition of the carving doctrine); Faulder v. Hill, 612 S.W.2d 512 (Tex.Cr.App.1981) (authorizing the right of the State to appeal in certain circumstances despite constitutional and statutory prohibitions).” In Hypolite, supra, a majority of this Court abolished the rule of law that a motion to dismiss the appeal had to be notarized.

11986–1986
Farley v. MM Cattle Company green
tex · 1975
1 sentence

1984Farley v. M M Cattle Co., 529 S.W.2d 751 (Tex.1975).

11984–1984

Where else courts name it

IL 15 (1980–2015) PA 13 (1974–2019) TX 8 (1984–2012) SC 6 (1984–2016) MI 6 (1985–2023) ID 6 (1970–2006) WV 5 (1991–2013) CA 5 (1988–2023) ND 5 (1987–2004) GA 4 (1989–2020) NJ 4 (1987–2003) MS 4 (1969–2014) OH 3 (1985–1991) MN 3 (1970–1996) AL 3 (1980–1997) OR 3 (1986–2021) NC 3 (2006–2018) MA 3 (1975–1990) WI 3 (1970–1988) CT 3 (1991–2010) AZ 2 (2015–2016) MO 2 (1979–1985) WY 2 (1982–2018)

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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