issue of fundamental error (Texas) · Go Syfert
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issue of fundamental error in Texas

6 Texas opinions name it 1 courts 1980–2015 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 (5)

CaseFollowedCited
Solis v. Stategreen
texapp · 1997 · cited in 2 Texas opinions naming this issue, 2012–2014
2 sentences

2014See Solis v. State, 945 S.W.2d 300, 301 (Tex. App.—Houston [1st Dist.] 1997, pet. ref’d) (holding that defendant waived his complaint on appeal because he failed to object to his punishment violating the Eighth Amendment for being disproportionate).

2012The authorities cited by Almanzar do not address the issue of fundamental error, and Almanzar does not make any more specific argument as to why the error is so fundamental that it cannot be waived by failure to raise the issue in the trial court. 33 cases where the sentencing is discretionary,” rather than mandated by the applicable sentencing scheme, “it is reasonable to require a trial objection so that the trial court might have an opportunity to cure any error.” Solis, 945 S.W.2d at 301–02.

12
In Re JHgreen
texapp · 2005 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See In re J.H., 176 S.W.3d at 679 .

11
Saldano v. Stategreen
texcrimapp · 2002 · cited in 1 Texas opinions naming this issue, 2011–2011
1 sentence

2011See Saldano v. State , 70 S.W.3d 873, 888 (Tex. Crim.

11
Dial Temp Air Conditioning Company v. Faulhabergreen
texapp · 1960 · cited in 1 Texas opinions naming this issue, 1980–1980
1 sentence

1980Read v. Gee, 551 S.W.2d 496, 501 (Tex.Civ.App.—Fort Worth) writ ref’d n. r. e. per curiam, 561 S.W.2d 777 (1977); Dial Temp Air Conditioning Company v. Faulhaber, 340 S.W.2d 82, 91 (Tex.Civ.App.—Dallas 1960, writ ref’d n. r. e.); 3 Tex. Jur.2d Appeal and Error —Civil Cases, Sec. 100 (1974).

11
Read v. Geegreen
texapp · 1977 · cited in 1 Texas opinions naming this issue, 1980–1980
1 sentence

1980Read v. Gee, 551 S.W.2d 496, 501 (Tex.Civ.App.—Fort Worth) writ ref’d n. r. e. per curiam, 561 S.W.2d 777 (1977); Dial Temp Air Conditioning Company v. Faulhaber, 340 S.W.2d 82, 91 (Tex.Civ.App.—Dallas 1960, writ ref’d n. r. e.); 3 Tex. Jur.2d Appeal and Error —Civil Cases, Sec. 100 (1974).

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 (2)

CaseCitedYears
Moore v. State green
texapp · 1995
1 sentence

2008We acknowledge that the court of appeals in Moore has considered the issue of fundamental error and held that "the article 38.05 right to prohibit the judge from commenting on the weight of the evidence or conveying his opinion of the case is forfeitable by inaction." Moore , 907 S.W.2d at 923 .

12008–2008
Gee v. Read green
tex · 1977
1 sentence

1980Read v. Gee, 551 S.W.2d 496, 501 (Tex.Civ.App.—Fort Worth) writ ref’d n. r. e. per curiam, 561 S.W.2d 777 (1977); Dial Temp Air Conditioning Company v. Faulhaber, 340 S.W.2d 82, 91 (Tex.Civ.App.—Dallas 1960, writ ref’d n. r. e.); 3 Tex. Jur.2d Appeal and Error —Civil Cases, Sec. 100 (1974).

11980–1980

Where else courts name it

IN 48 (1986–2025) FL 18 (1993–2025) ID 8 (2000–2020) NM 6 (1968–2020) TX 6 (1980–2015)

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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