judicially imposed requirement (Texas) · Go Syfert
← Texas issues

judicially imposed requirement in Texas

8 Texas opinions name it 2 courts 1997–2019 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 (10)

CaseFollowedCited
Redmond v. Stategreen
texapp · 2000 · cited in 3 Texas opinions naming this issue, 2001–2001
2 sentences

2001See Redmond v. State, 30 S.W.3d 692, 700 (Tex. App.—Beaumont 2000, no pet.) ("The judicially imposed requirement of an affidavit or verification as a prerequisite for an evidentiary hearing on a motion for new trial has existed throughout the various incarnations of the governing precept.") (emphasis added); Belton v. State, 900 S.W.2d 886, 901 (Tex.App.-El Paso 1995, pet. ref'd) ("The Court has consistently held that without verification or affidavit, a motion for new trial based on matters outside the record is insufficient as a pleading.") (emphasis added) (citing Bearden v. State, 648 S.W.

2001See Redmond v. State, 30 S.W.3d 692, 700 (Tex.App.—Beaumont 2000, no pet.) (“The judicially imposed requirement of an affidavit or verification as a prerequisite for an evidentiary hearing on a motion for new trial has existed throughout the various incarnations of the governing precept.”) (emphasis added); Belton v. State, 900 S.W.2d 886, 901 (TexApp.—El Paso 1995, pet. refd) (“The Court has consistently held that without verification or affidavit, a motion for new trial based on matters outside the record is insufficient as a pleading.”) (emphasis added) (citing Bearden v. State, 648 S.W.2d

33
Belton v. Stategreen
texapp · 1995 · cited in 3 Texas opinions naming this issue, 2001–2001
2 sentences

2001See Redmond v. State, 30 S.W.3d 692, 700 (Tex. App.—Beaumont 2000, no pet.) ("The judicially imposed requirement of an affidavit or verification as a prerequisite for an evidentiary hearing on a motion for new trial has existed throughout the various incarnations of the governing precept.") (emphasis added); Belton v. State, 900 S.W.2d 886, 901 (Tex.App.-El Paso 1995, pet. ref'd) ("The Court has consistently held that without verification or affidavit, a motion for new trial based on matters outside the record is insufficient as a pleading.") (emphasis added) (citing Bearden v. State, 648 S.W.

2001See Redmond v. State, 30 S.W.3d 692, 700 (Tex.App.—Beaumont 2000, no pet.) (“The judicially imposed requirement of an affidavit or verification as a prerequisite for an evidentiary hearing on a motion for new trial has existed throughout the various incarnations of the governing precept.”) (emphasis added); Belton v. State, 900 S.W.2d 886, 901 (TexApp.—El Paso 1995, pet. refd) (“The Court has consistently held that without verification or affidavit, a motion for new trial based on matters outside the record is insufficient as a pleading.”) (emphasis added) (citing Bearden v. State, 648 S.W.2d

33
Bearden v. Stategreen
texcrimapp · 1983 · cited in 3 Texas opinions naming this issue, 2001–2001
2 sentences

2001See Redmond v. State, 30 S.W.3d 692, 700 (Tex. App.—Beaumont 2000, no pet.) ("The judicially imposed requirement of an affidavit or verification as a prerequisite for an evidentiary hearing on a motion for new trial has existed throughout the various incarnations of the governing precept.") (emphasis added); Belton v. State, 900 S.W.2d 886, 901 (Tex.App.-El Paso 1995, pet. ref'd) ("The Court has consistently held that without verification or affidavit, a motion for new trial based on matters outside the record is insufficient as a pleading.") (emphasis added) (citing Bearden v. State, 648 S.W.

2001See Redmond v. State, 30 S.W.3d 692, 700 (Tex.App.—Beaumont 2000, no pet.) (“The judicially imposed requirement of an affidavit or verification as a prerequisite for an evidentiary hearing on a motion for new trial has existed throughout the various incarnations of the governing precept.”) (emphasis added); Belton v. State, 900 S.W.2d 886, 901 (TexApp.—El Paso 1995, pet. refd) (“The Court has consistently held that without verification or affidavit, a motion for new trial based on matters outside the record is insufficient as a pleading.”) (emphasis added) (citing Bearden v. State, 648 S.W.2d

33
Baker v. Stategreen
texcrimapp · 1997 · cited in 2 Texas opinions naming this issue, 2019–2019
2 sentences

2019This rule is “a judicially imposed rule of evidence: questioning in violation of Miranda is not itself illegal; the answers to such questioning are simply inadmissible in court.” Baker v. State, 956 S.W.2d 19, 24 (Tex. Crim.

2019This Miranda rule is “a judicially imposed rule of evidence: questioning in violation of Miranda is not itself illegal; the answers to such questioning are simply inadmissible in court.” Baker v. State, 956 S.W.2d 19, 24 (Tex. Crim.

22
Alcott v. Stategreen
texapp · 2000 · cited in 2 Texas opinions naming this issue, 2001–2001
2 sentences

2001Cf. Alcott v. State, 26 S.W.3d 1, 4-5 (Tex.App.-Waco 1999, pet. granted) (holding verified motion for new trial did not require a hearing because it "lacks sufficient detail to put the trial court on notice that reasonable grounds for relief exist").

2001Cf. Alcott v. State, 26 S.W.3d 1, 4-5 (Tex.App.—Waco 1999, pet. granted) (holding verified motion for new trial did not require a hearing because it “lacks sufficient detail to put the trial court on notice that reasonable grounds for relief exist”).

22
Scott v. United Statesgreen
scotus · 1978 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019App. 1997). “[T]he Miranda requirements embody an exclusionary rule or remedy rather than 2 In its brief, the State also asserts that many of the district court’s findings of fact and conclusions of law incorrectly considered the subjective intent of Officer Koepp rather than performing “an objective assessment of [his] actions in light of the facts and circumstances then known to him.” See Scott v. United States, 436 U.S. 128, 137 (1978).

11
Mallet v. Stategreen
texapp · 2000 · cited in 1 Texas opinions naming this issue, 2000–2000
1 sentence

2000Jordan v. State, 883 S.W.2d 664 (Tex.Crim.App.1994) (1986 Rules of Appellate Procedure); Reyes v. State, 849 S.W.2d 812, 816 (Tex.Crim.App.1993) (1986 Rules of Appellate Procedure); McIntire v. State, 698 S.W.2d 652, 658 (Tex.Crim.App.1985) (1981 Code of Criminal Procedure); Hicks v. State, 75 Tex.Crim. 461 , 171 S.W. 755, 763 (1914) (opinion on rehearing) (1911 Code of Criminal Procedure); Mallet v. State, 9 S.W.3d 856, 865 (Tex.App.—Fort Worth 2000, no pet.) (1997 Rules of Appellate Procedure).

11
Reyes v. Stategreen
texcrimapp · 1993 · cited in 1 Texas opinions naming this issue, 2000–2000
1 sentence

2000Jordan v. State, 883 S.W.2d 664 (Tex.Crim.App.1994) (1986 Rules of Appellate Procedure); Reyes v. State, 849 S.W.2d 812, 816 (Tex.Crim.App.1993) (1986 Rules of Appellate Procedure); McIntire v. State, 698 S.W.2d 652, 658 (Tex.Crim.App.1985) (1981 Code of Criminal Procedure); Hicks v. State, 75 Tex.Crim. 461 , 171 S.W. 755, 763 (1914) (opinion on rehearing) (1911 Code of Criminal Procedure); Mallet v. State, 9 S.W.3d 856, 865 (Tex.App.—Fort Worth 2000, no pet.) (1997 Rules of Appellate Procedure).

11
McIntire v. Stategreen
texcrimapp · 1985 · cited in 1 Texas opinions naming this issue, 2000–2000
1 sentence

2000Jordan v. State, 883 S.W.2d 664 (Tex.Crim.App.1994) (1986 Rules of Appellate Procedure); Reyes v. State, 849 S.W.2d 812, 816 (Tex.Crim.App.1993) (1986 Rules of Appellate Procedure); McIntire v. State, 698 S.W.2d 652, 658 (Tex.Crim.App.1985) (1981 Code of Criminal Procedure); Hicks v. State, 75 Tex.Crim. 461 , 171 S.W. 755, 763 (1914) (opinion on rehearing) (1911 Code of Criminal Procedure); Mallet v. State, 9 S.W.3d 856, 865 (Tex.App.—Fort Worth 2000, no pet.) (1997 Rules of Appellate Procedure).

11
Hicks v. Stategreen
texcrimapp · 1913 · cited in 1 Texas opinions naming this issue, 2000–2000
2 sentences

2000Jordan v. State, 883 S.W.2d 664 (Tex.Crim.App.1994) (1986 Rules of Appellate Procedure); Reyes v. State, 849 S.W.2d 812, 816 (Tex.Crim.App.1993) (1986 Rules of Appellate Procedure); McIntire v. State, 698 S.W.2d 652, 658 (Tex.Crim.App.1985) (1981 Code of Criminal Procedure); Hicks v. State, 75 Tex.Crim. 461 , 171 S.W. 755, 763 (1914) (opinion on rehearing) (1911 Code of Criminal Procedure); Mallet v. State, 9 S.W.3d 856, 865 (Tex.App.—Fort Worth 2000, no pet.) (1997 Rules of Appellate Procedure).

2000Jordan v. State, 883 S.W.2d 664 (Tex.Crim.App.1994) (1986 Rules of Appellate Procedure); Reyes v. State, 849 S.W.2d 812, 816 (Tex.Crim.App.1993) (1986 Rules of Appellate Procedure); McIntire v. State, 698 S.W.2d 652, 658 (Tex.Crim.App.1985) (1981 Code of Criminal Procedure); Hicks v. State, 75 Tex.Crim. 461 , 171 S.W. 755, 763 (1914) (opinion on rehearing) (1911 Code of Criminal Procedure); Mallet v. State, 9 S.W.3d 856, 865 (Tex.App.—Fort Worth 2000, no pet.) (1997 Rules of Appellate Procedure).

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 (4)

CaseCitedYears
in Re Valliance Bank green
texapp · 2012
1 sentence

2015Finally, as the Second Court of Appeals explained in In re Valliance Bank, 422 S.W.3d 722 , 728 & n. 3 (Tex. App.–Fort Worth 2012, orig. proceeding), the reasoning of Crown Life, relied upon by Copano, is not absolute.

12015–2015
Jordan v. State green
texcrimapp · 1994
1 sentence

2000Jordan v. State, 883 S.W.2d 664 (Tex.Crim.App.1994) (1986 Rules of Appellate Procedure); Reyes v. State, 849 S.W.2d 812, 816 (Tex.Crim.App.1993) (1986 Rules of Appellate Procedure); McIntire v. State, 698 S.W.2d 652, 658 (Tex.Crim.App.1985) (1981 Code of Criminal Procedure); Hicks v. State, 75 Tex.Crim. 461 , 171 S.W. 755, 763 (1914) (opinion on rehearing) (1911 Code of Criminal Procedure); Mallet v. State, 9 S.W.3d 856, 865 (Tex.App.—Fort Worth 2000, no pet.) (1997 Rules of Appellate Procedure).

12000–2000
Oregon v. Elstad green
scotus · 1985
2 sentences

1997This rule of evidence was formulated out of a concern that a bright-line rule might be necessary to adequately protect a defendant’s constitutional right against compelled self-incrimination, but even in Miranda , the Court “disclaimed any intent to create a ‘constitutional straitjacket’ and invited Congress and the States to suggest ‘potential alternatives for protecting the privilege.’ ” Elstad, 470 U.S. at 307 n. 1, 105 S.Ct. at 1292 n. 1 (citing and quoting Miranda, 384 U.S. at 467 , 86 S.Ct. at 1624 ).

1997This rule of evidence was formulated out of a concern that a bright-line rule might be necessary to adequately protect a defendant’s constitutional right against compelled self-incrimination, but even in Miranda , the Court “disclaimed any intent to create a ‘constitutional straitjacket’ and invited Congress and the States to suggest ‘potential alternatives for protecting the privilege.’ ” Elstad, 470 U.S. at 307 n. 1, 105 S.Ct. at 1292 n. 1 (citing and quoting Miranda, 384 U.S. at 467 , 86 S.Ct. at 1624 ).

11997–1997
Miranda v. Arizona green
scotus · 1966
2 sentences

1997This rule of evidence was formulated out of a concern that a bright-line rule might be necessary to adequately protect a defendant’s constitutional right against compelled self-incrimination, but even in Miranda , the Court “disclaimed any intent to create a ‘constitutional straitjacket’ and invited Congress and the States to suggest ‘potential alternatives for protecting the privilege.’ ” Elstad, 470 U.S. at 307 n. 1, 105 S.Ct. at 1292 n. 1 (citing and quoting Miranda, 384 U.S. at 467 , 86 S.Ct. at 1624 ).

1997This rule of evidence was formulated out of a concern that a bright-line rule might be necessary to adequately protect a defendant’s constitutional right against compelled self-incrimination, but even in Miranda , the Court “disclaimed any intent to create a ‘constitutional straitjacket’ and invited Congress and the States to suggest ‘potential alternatives for protecting the privilege.’ ” Elstad, 470 U.S. at 307 n. 1, 105 S.Ct. at 1292 n. 1 (citing and quoting Miranda, 384 U.S. at 467 , 86 S.Ct. at 1624 ).

11997–1997

Where else courts name it

CA 12 (1994–2023) TX 8 (1997–2019) FL 6 (2016–2026) IL 3 (1984–2012) WA 3 (2003–2017) OH 2 (1991–2006) MI 2 (1968–1998) KS 2 (1989–2009) CT 2 (1983–2001) NY 2 (1955–2002)

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.

← Caselaw search · G Cite Topics · Brief Check