conclusions defense (Texas) · Go Syfert
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conclusions defense in Texas

9 Texas opinions name it 2 courts 1928–2022 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 (3)

CaseFollowedCited
Cannon v. Stategreen
texcrimapp · 2008 · cited in 4 Texas opinions naming this issue, 2009–2009
2 sentences

2009Compare Cannon, 252 S.W.3d at 349-50 (holding defense counsel’s behavior as a whole — doing nothing because he was unprepared to go forward — constituted ineffective assistance of counsel), with Moore v. State, 227 S.W.3d 421, 422, 427 (Tex.App.-Texarkana 2007, pet. ref'd) (holding defense counsel’s behavior in allegedly falling asleep during prosecutor’s cross-examination of defendant did not constitute ineffective assistance of counsel).

2009Compare Cannon , 252 S.W.3d at 349–50 (holding defense counsel’s behavior as a whole—doing nothing because he was unprepared to go forward—constituted ineffective assistance of counsel), with Moore v. State , 227 S.W.3d 421, 422, 427 (Tex. App.—Texarkana 2007, pet. ref’d) (holding defense counsel’s behavior in allegedly falling asleep during prosecutor’s cross-examination of defendant did not constitute ineffective assistance of counsel).

44
Moore v. Stategreen
texapp · 2007 · cited in 4 Texas opinions naming this issue, 2009–2009
2 sentences

2009Compare Cannon, 252 S.W.3d at 349-50 (holding defense counsel’s behavior as a whole — doing nothing because he was unprepared to go forward — constituted ineffective assistance of counsel), with Moore v. State, 227 S.W.3d 421, 422, 427 (Tex.App.-Texarkana 2007, pet. ref'd) (holding defense counsel’s behavior in allegedly falling asleep during prosecutor’s cross-examination of defendant did not constitute ineffective assistance of counsel).

2009Compare Cannon , 252 S.W.3d at 349–50 (holding defense counsel’s behavior as a whole—doing nothing because he was unprepared to go forward—constituted ineffective assistance of counsel), with Moore v. State , 227 S.W.3d 421, 422, 427 (Tex. App.—Texarkana 2007, pet. ref’d) (holding defense counsel’s behavior in allegedly falling asleep during prosecutor’s cross-examination of defendant did not constitute ineffective assistance of counsel).

44
Aldrich v. Stategreen
texapp · 2009 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022See, e.g., Aldrich v. State, 296 S.W.3d 225, 250 (Tex. App.—Fort Worth 2009, pet. ref’d) (“Although the record supports the conclusions that defense counsel was hard of hearing, that defense 8 counsel’s speech was difficult to hear, and that defense counsel became confused at points during the trial, these facts in and of themselves do not constitute deficient performance.”).

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
American Transitional Care Centers of Texas, Inc. v. Palacios green
tex · 2001
2 sentences

2012Palacios, 46 S.W.3d at 878-79 .

2012Palacios , 46 S.W.3d at 878-79 .

22012–2012
Dallas Ry. & Terminal Co. v. Harmon green
texapp · 1947
1 sentence

1948It is thought that the holding in Dallas Ry. & Terminal Co. v. Harmon, Tex.Civ.App., 200 S.W.2d 854 , writ refused, and the authorities therein discussed, would be controlling.

11948–1948
Ingersoll v. Gourley green
wash · 1913
2 sentences

1928Among these cases is that of Ingersoll v. Gourley, wherein the Supreme Gourt of the state of Washington holds that the test of the survivorship of a cause of action is its assignability, and, conversely, the test of as-signability is survivorship, and, further, that “any person interested in any will who may contest its validity within a given time” means any person who but for the will would have an interest in the estate. 72 Wash. 462 , 130 P. 743 .

1928Among these cases is that of Ingersoll v. Gourley, wherein the Supreme Gourt of the state of Washington holds that the test of the survivorship of a cause of action is its assignability, and, conversely, the test of as-signability is survivorship, and, further, that “any person interested in any will who may contest its validity within a given time” means any person who but for the will would have an interest in the estate. 72 Wash. 462 , 130 P. 743 .

11928–1928

Statutes the citing opinions construe

TX § Tex. Penal Code § 49.08 (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

PA 22 (1980–2018) NY 12 (1916–2020) AZ 11 (1975–2023) TX 9 (1928–2022) MD 9 (2009–2023) CA 7 (1915–2026) WA 6 (1968–2017) TN 6 (2003–2019) NJ 5 (1987–2022) OH 5 (2003–2023) CT 4 (1975–2001) LA 4 (1994–2023) IL 3 (1992–1998) ME 3 (2000–2014) MO 2 (1997–2018) MA 2 (2008–2013) OR 2 (1970–2018) NC 2 (2014–2021) OK 2 (1965–1983) MI 2 (1973–1992)

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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