recital waiver (Texas) · Go Syfert
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recital waiver in Texas

7 Texas opinions name it 2 courts 1931–2024 3 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 (4)

CaseFollowedCited
Pham v. Stategreen
texcrimapp · 2002 · cited in 2 Texas opinions naming this issue, 2021–2021
2 sentences

2021The very use of the term “waive” presumes knowledge, because “to waive a right one must do it knowingly—with knowledge of the relevant facts.” In addition, “waiver” is defined as “the act of waiving or intentionally relinquishing or abandoning a known right, claim, or privilege.” Johnson, 72 S.W.3d at 349 (internal citations omitted).

2021The very use of the term “waive” presumes knowledge, because “to waive a right one must do it knowingly—with knowledge of the relevant facts.” In addition, “waiver” is defined as “the act of waiving or intentionally relinquishing or abandoning a known right, claim, or privilege.” Johnson, 72 S.W.3d at 349 (internal citations omitted).

22
In Re EVgreen
texapp · 2006 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014See In re E.V., 225 S.W.3d 231, 234 (Tex. App.–El Paso 2006, pet. denied).

11
Atkinson v. Jackson Bros.green
texcommnapp · 1925 · cited in 1 Texas opinions naming this issue, 1975–1975
1 sentence

1975Although definitions of “substantial performance” are not always couched in the same terminology and, because of the facts involved in a particular case, sometimes vary in the recital of the factors to be considered, the following definition by the Commission of Appeals in Atkinson v. Jackson Bros., 270 S.W. 848, 851 (Tex.Comm.App.1925), is a typical recital of the constituent elements of the doctrine: To constitute substantial compliance the contractor must have in good faith intended to comply with the contract, and shall have substantially done so in the sense that the defects are not perva

11
Crouchette v. Stategreen
texcrimapp · 1925 · cited in 1 Texas opinions naming this issue, 1931–1931
1 sentence

1931See Crouchette v. State, 99 Texas Crim.

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
Anders v. California green
scotus · 1967
1 sentence

2024While article 42.15(a-2) states “[a] defendant may waive the requirement for the inquiry described by Subsection (a-1) to be on the record,” id., nothing in the record shows that Almeida expressly waived the requirement.

12024–2024
Henderson v. State green
texcrimapp · 1925
2 sentences

1938When the case was called in Archer county, the appellant objected to the jurisdiction of that court, but set up no facts further than a recital in his exception that the order of transfer was void because it stated no reason for making the transfer.” ' We also quote from Henderson v. State, 104 Tex.Cr.R. 495 , 283 S.W. 497, 503 , in which is stated: “We understand the law to be that the revision of such an order upon appeal can only be made in a case in which it is shown that the rights of the accused -have been materially prejudiced by the action of the court in changing the venue,” citing ma

1938When the case was called in Archer county, the appellant objected to the jurisdiction of that court, but set up no facts further than a recital in his exception that the order of transfer was void because it stated no reason for making the transfer.” ' We also quote from Henderson v. State, 104 Tex.Cr.R. 495 , 283 S.W. 497, 503 , in which is stated: “We understand the law to be that the revision of such an order upon appeal can only be made in a case in which it is shown that the rights of the accused -have been materially prejudiced by the action of the court in changing the venue,” citing ma

11938–1938

Where else courts name it

TX 7 (1931–2024) NC 6 (2002–2023) WA 6 (1971–2005) PA 5 (1942–2025) NY 5 (1959–2002) FL 4 (1940–2026) RI 3 (2006–2006) MO 3 (1910–1987) OR 3 (1996–2006) CA 3 (1939–2008) OH 2 (1932–2025) MI 2 (1946–1977) OK 2 (1942–1960) DC 2 (1914–2001) IL 2 (2019–2019)

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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