non-cognizable claim (Texas) · Go Syfert
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non-cognizable claim in Texas

8 Texas opinions name it 1 courts 2014–2024 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 (2)

CaseFollowedCited
Ex Parte Ellisgreen
texcrimapp · 2010 · cited in 8 Texas opinions naming this issue, 2014–2024
2 sentences

2024If a non-cognizable claim is resolved on the merits in a pretrial habeas [proceeding], then the pretrial writ has been misused.” Ellis, 309 S.W.3d at 79 (internal citation omitted); see Ex parte Hammons, 631 S.W.3d 715 , 716 1 The trial court clerk filed Lopez-Miranda’s habeas application as a document in the same cause number as the underlying criminal proceeding.

2019“If a non-cognizable claim is resolved on the merits in a pretrial habeas appeal, then the pretrial writ has 10 been misused, and the State can appropriately petition [the Court of Criminal Appeals] to correct such misuse.” Id.

38
Perry, Ex Parte James Richard \Rick\""green
· 2016 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016Ellis, 309 S.W.3d at 79 ; see also Perry, 483 S.W.3d at 895-97 (addressing cognizability of separation of powers claim as a threshold matter).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Where else courts name it

TX 8 (2014–2024) PA 3 (2001–2014)

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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