evidence without presumption (Texas) · Go Syfert
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evidence without presumption in Texas

8 Texas opinions name it 1 courts 1999–2023 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 (3)

CaseFollowedCited
Clewis v. Statered
texcrimapp · 1996 · cited in 4 Texas opinions naming this issue, 1999–1999
2 sentences

1999See Clewis v. State, 922 S.W.2d 126, 135 (Tex.Crim.App.1996).

1999Clewis v. State , 922 S.W.2d 126, 135 (Tex. Crim.

44
State v. Mechlergreen
texcrimapp · 2005 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023According to appellant, the timing of the court’s ruling “belies any presumption that the court conscientiously balanced the value of the proffered testimony against the danger it posed.” “A proper Rule 403 analysis includes, but is not limited to, four factors: (1) the probative value of the evidence; (2) the potential to impress the jury in some irrational and indelible way; (3) the time needed to develop the evidence; and (4) the proponent’s need for the evidence.” State v. Mechler, 153 S.W.3d 435, 440 (Tex. Crim. App. 2005).

11
Williams v. Stategreen
texapp · 1996 · cited in 1 Texas opinions naming this issue, 2000–2000
2 sentences

2000"Such a blanket exclusion of statements made by the deceased spouse encourages automatic exclusion of this evidence without analysis of whether the statements may nevertheless be admissible pursuant to an exception to the hearsay rule." Williams v. State, 927 S.W.2d 752, 760 (Tex. App.-El Paso 1996, pet. ref'd).

2000“Such a blanket exclusion of statements made by the deceased spouse encourages automatic exclusion of this evidence without analysis of whether the statements may nevertheless be admissible pursuant to an exception to the hearsay rule.” Williams v. State, 927 S.W.2d 752, 760 (Tex.App.-El Paso 1996, pet. ref’d).

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
Kelly v. State green
texcrimapp · 1992
1 sentence

2014He contends that the trial judge should not have admitted the evidence without a hearing to test Mustafa’s qualifications as an expert under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S. Ct. 2786 (1993), and Kelly v. State, 824 S.W.2d 568 (Tex. Crim.

12014–2014
Daubert v. Merrell Dow Pharmaceuticals, Inc. green
scotus · 1993
2 sentences

2014He contends that the trial judge should not have admitted the evidence without a hearing to test Mustafa’s qualifications as an expert under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S. Ct. 2786 (1993), and Kelly v. State, 824 S.W.2d 568 (Tex. Crim.

2014He contends that the trial judge should not have admitted the evidence without a hearing to test Mustafa’s qualifications as an expert under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S. Ct. 2786 (1993), and Kelly v. State, 824 S.W.2d 568 (Tex. Crim.

12014–2014
Light v. State green
texcrimapp · 2000
1 sentence

2005Id. 7 Request to Clerk for Preparation of Clerk’s Record on Appeal, filed September 9, 2004; and (6) the Reporter’s Record from April 26.

12005–2005

Where else courts name it

AL 28 (1916–2026) TX 8 (1999–2023) CA 4 (1967–2020) NY 2 (2005–2005)

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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