propriety instruction (Texas) · Go Syfert
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propriety instruction in Texas

56 Texas opinions name it 5 courts 1917–2026 4 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 (27)

CaseFollowedCited
Best v. Stategreen
texapp · 2003 · cited in 6 Texas opinions naming this issue, 2004–2008
2 sentences

2008See, e.g., Pope v. State, 161 S.W.3d 114, 125 (Tex. App.—Fort Worth 2004), aff’d, 207 S.W.3d 352 (2006); Best v. State, 118 S.W.3d 857, 865 (Tex. App.—Fort Worth 2003, no pet.) (holding that merely giving a reasonable doubt definition in a jury charge does not constitute reversible error, and the trial court did not err by submitting 14 a jury charge distinguishing reasonable doubt from possible doubt).

2008See, e.g. , Pope v. State, 161 S.W.3d 114, 125 (Tex. App.—Fort Worth 2004), aff’d, 207 S.W.3d 352 (2006); Best v. State , 118 S.W.3d 857, 865 (Tex. App.—Fort Worth 2003, no pet.) (holding that merely giving a reasonable doubt definition in a jury charge does not constitute reversible error, and the trial court did not err by submitting a jury charge distinguishing reasonable doubt from possible doubt).

66
Whiteside v. Watsongreen
texapp · 2000 · cited in 3 Texas opinions naming this issue, 2003–2015
2 sentences

2015See White- documented and information needed to be filled in. side v. Watson, 12 S.W.3d 614, 621-22 (Tex. However, none of the persons making those entries App.--Eastland 2000, pet. denied); [*226] Offshore testified that they provided false information. 7 There Pipelines, Inc. v. Schooley, 984 S.W.2d 654 , 667-68 was also testimony that there were times when the staff (Tex.App.--Houston [1st Dist.] 1998, no pet.). was so busy with resident care that they did not have 5 Appellants also complain that the instruction did not assist the jury, but confused and misled them and improperly shifted th

2003See Whiteside v. Watson, 12 S.W.3d 614, 621-22 (Tex.App.-Eastland 2000, pet. denied); *226 Offshore Pipelines, Inc. v. Schooley, 984 S.W.2d 654, 667-68 (Tex.App.-Houston [1st Dist.] 1998, no pet.).

33
El Tacaso, Inc. v. Jireh Star, Inc.green
texapp · 2011 · cited in 4 Texas opinions naming this issue, 2014–2026
2 sentences

2026The adequacy of a temporary injunction’s description of the reasons for its issuance depends on whether it will: “(1) enable a party against whom the temporary injunction has been issued to understand the basis for the ruling and evaluate the propriety of a challenge to the injunction, and (2) provide an adequate basis for appellate review of the injunction.” Id. at 748 The injunction in this case states that the trial court found “that good cause exists for issuing the temporary injunction, that Plaintiffs are likely to prevail on their claims, and that if the temporary injunction is not issu

2023Id. at 748 .

24
Offshore Pipelines, Inc. v. Schooleygreen
texapp · 1999 · cited in 3 Texas opinions naming this issue, 2003–2015
2 sentences

2015See White- documented and information needed to be filled in. side v. Watson, 12 S.W.3d 614, 621-22 (Tex. However, none of the persons making those entries App.--Eastland 2000, pet. denied); [*226] Offshore testified that they provided false information. 7 There Pipelines, Inc. v. Schooley, 984 S.W.2d 654 , 667-68 was also testimony that there were times when the staff (Tex.App.--Houston [1st Dist.] 1998, no pet.). was so busy with resident care that they did not have 5 Appellants also complain that the instruction did not assist the jury, but confused and misled them and improperly shifted th

2003See Whiteside v. Watson, 12 S.W.3d 614, 621-22 (Tex.App.-Eastland 2000, pet. denied); *226 Offshore Pipelines, Inc. v. Schooley, 984 S.W.2d 654, 667-68 (Tex.App.-Houston [1st Dist.] 1998, no pet.).

23
Gonzales v. Stategreen
texcrimapp · 2011 · cited in 2 Texas opinions naming this issue, 2019–2026
2 sentences

2026Gonzales v. State, 353 S.W.3d 826, 832 (Tex. Crim.

2019Gonzales v. State, 353 S.W.3d 826, 832 (Tex. Crim.

22
Bunton v. Stategreen
texapp · 2004 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009See Bunton v. State, 136 S.W.3d 355, 367 (Tex. App.—Austin 2004, pet. ref’d) (discussing the propriety of the defense eliciting hearsay from the investigating police officer and the State later seeking to clarify the hearsay evidence).

2009See Bunton v. State , 136 S.W.3d 355, 367 (Tex. App.—Austin 2004, pet. ref’d) (discussing the propriety of the defense eliciting hearsay from the investigating police officer and the State later seeking to clarify the hearsay evidence).

22
Pope v. Stategreen
texapp · 2005 · cited in 2 Texas opinions naming this issue, 2008–2008
2 sentences

2008See, e.g., Pope v. State, 161 S.W.3d 114, 125 (Tex. App.—Fort Worth 2004), aff’d, 207 S.W.3d 352 (2006); Best v. State, 118 S.W.3d 857, 865 (Tex. App.—Fort Worth 2003, no pet.) (holding that merely giving a reasonable doubt definition in a jury charge does not constitute reversible error, and the trial court did not err by submitting 14 a jury charge distinguishing reasonable doubt from possible doubt).

2008See, e.g. , Pope v. State, 161 S.W.3d 114, 125 (Tex. App.—Fort Worth 2004), aff’d, 207 S.W.3d 352 (2006); Best v. State , 118 S.W.3d 857, 865 (Tex. App.—Fort Worth 2003, no pet.) (holding that merely giving a reasonable doubt definition in a jury charge does not constitute reversible error, and the trial court did not err by submitting a jury charge distinguishing reasonable doubt from possible doubt).

22
Pope v. Stategreen
texcrimapp · 2006 · cited in 2 Texas opinions naming this issue, 2008–2008
2 sentences

2008See, e.g., Pope v. State, 161 S.W.3d 114, 125 (Tex. App.—Fort Worth 2004), aff’d, 207 S.W.3d 352 (2006); Best v. State, 118 S.W.3d 857, 865 (Tex. App.—Fort Worth 2003, no pet.) (holding that merely giving a reasonable doubt definition in a jury charge does not constitute reversible error, and the trial court did not err by submitting 14 a jury charge distinguishing reasonable doubt from possible doubt).

2008See, e.g. , Pope v. State, 161 S.W.3d 114, 125 (Tex. App.—Fort Worth 2004), aff’d, 207 S.W.3d 352 (2006); Best v. State , 118 S.W.3d 857, 865 (Tex. App.—Fort Worth 2003, no pet.) (holding that merely giving a reasonable doubt definition in a jury charge does not constitute reversible error, and the trial court did not err by submitting a jury charge distinguishing reasonable doubt from possible doubt).

22
Lofton v. Texas Brine Corp.green
tex · 1989 · cited in 2 Texas opinions naming this issue, 2005–2005
2 sentences

2005In re K.M.S., 91 S.W.3d 331 (Tex.2002) (courts of appeals are not free to disregard pronouncements from Texas Supreme Court); Lofton v. Texas Brine Corp., 777 S.W.2d 384, 386 (Tex.1989).

2005In re K.M.S. , 91 S.W.3d 331 (Tex. 2002) (courts of appeals are not free to disregard pronouncements from Texas Supreme Court); Lofton v. Texas Brine Corp. , 777 S.W.2d 384, 386 (Tex. 1989).

22
State v. Gillgreen
texapp · 1998 · cited in 2 Texas opinions naming this issue, 2003–2003
2 sentences

2003See State v. Gill , 967 S.W.2d 540, 541 (Tex. App.--Austin 1998, pet. ref'd) (order granting new trial will be upheld if correct on any legal theory applicable to case).

2003See State v. Gill, 967 S.W.2d 540, 541 (Tex. App.—Austin 1998, pet. ref’d) (order granting new trial will be upheld if correct on any legal theory applicable to case).

22
Taxpayers for Sensible Priorities v. City of Dallasgreen
texapp · 2002 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Ex parte City of Corpus Christi, 427 S.W.3d 400, 404 (Tex. App.—Corpus Christi–Edinburg 2013, pet. denied) (“Proceeds of bonds voted by the 12 people must be used for the purposes for which they were voted.” (citing Lewis v. City of Fort Worth, 89 S.W.2d 975, 978 (Tex. 1936)); Gallagher Headquarters Ranch Dev., Ltd. v. City of San Antonio, 269 S.W.3d 628 , 633–34 (Tex. App.—San Antonio 2008, pet. granted, judgm’t vacated w.r.m.) (recognizing the propriety of the doctrine); Taxpayers for Sensible Priorities v. City of Dallas, 79 S.W.3d 670, 676 (Tex. App.—Dallas 2002, pet. denied) (“It is e

11
Ex Parte the City of Corpus Christi, Texasgreen
texapp · 2013 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Ex parte City of Corpus Christi, 427 S.W.3d 400, 404 (Tex. App.—Corpus Christi–Edinburg 2013, pet. denied) (“Proceeds of bonds voted by the 12 people must be used for the purposes for which they were voted.” (citing Lewis v. City of Fort Worth, 89 S.W.2d 975, 978 (Tex. 1936)); Gallagher Headquarters Ranch Dev., Ltd. v. City of San Antonio, 269 S.W.3d 628 , 633–34 (Tex. App.—San Antonio 2008, pet. granted, judgm’t vacated w.r.m.) (recognizing the propriety of the doctrine); Taxpayers for Sensible Priorities v. City of Dallas, 79 S.W.3d 670, 676 (Tex. App.—Dallas 2002, pet. denied) (“It is e

11
Lewis v. City of Fort Worthgreen
· 1936 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Ex parte City of Corpus Christi, 427 S.W.3d 400, 404 (Tex. App.—Corpus Christi–Edinburg 2013, pet. denied) (“Proceeds of bonds voted by the 12 people must be used for the purposes for which they were voted.” (citing Lewis v. City of Fort Worth, 89 S.W.2d 975, 978 (Tex. 1936)); Gallagher Headquarters Ranch Dev., Ltd. v. City of San Antonio, 269 S.W.3d 628 , 633–34 (Tex. App.—San Antonio 2008, pet. granted, judgm’t vacated w.r.m.) (recognizing the propriety of the doctrine); Taxpayers for Sensible Priorities v. City of Dallas, 79 S.W.3d 670, 676 (Tex. App.—Dallas 2002, pet. denied) (“It is e

11
In Re Office of the Attorney Generalgreen
tex · 2008 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See In re Office of the Attorney Gen., 257 S.W.3d at 697 ; El Tacaso, Inc. v. Jireh Star, Inc., 356 S.W.3d at 747–48.

11
Frequent Flyer Depot, Inc. v. American Airlines, Inc.green
texapp · 2009 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Airlines, Inc., 281 S.W.3d 215, 220 (Tex. App.—Fort Worth 2009, pet. denied).2 We conclude, based on the unique set of facts underlying this case, that the temporary restraining order adequately enables relator to understand the basis for the ruling and evaluate the propriety of a challenge to an injunction, and provides an adequate basis for appellate review of the injunction.

11
Cameron Moon v. Stategreen
texapp · 2013 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014See Moon, 410 S.W.3d at 375 ("[T]here must be some evidence to support the juvenile court’s finding that [the appellant] was sufficiently sophisticated and mature for the reasons specified by the court in order to uphold its waiver determination.

11
Jones v. LaFarguegreen
texapp · 1988 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See Jones v. LaFargue , 758 S.W.2d 320, 324 (Tex. App.—Houston [14th Dist.] 1988, writ denied); Jackson , 610 S.W.2d at 522; see also Tex. R.

11
Pilgrim Enterprises, Inc. v. Maryland Casualty Co.green
texapp · 2000 · cited in 1 Texas opinions naming this issue, 2006–2006
1 sentence

2006We hasten to note, however, that none of these cases appears to have involved policies that defined A occurrence @ so as to include A continuous or repeated exposure to conditions. @ The CGL policies currently before us do so, as did the policies at issue in Pilgrim Enterprises, Inc. v. Maryland Casualty Co. , 24 S.W.3d 488, 496 (Tex. App. C Houston [1st Dist.] 2000, no pet.).

11
Martin v. Abbottgreen
texapp · 1930 · cited in 1 Texas opinions naming this issue, 2006–2006
1 sentence

2006We hasten to note, however, that none of these cases appears to have involved policies that defined “occurrence” so as to include “continuous or repeated exposure to conditions.” The CGL policies currently before us do so, as did the policies at issue in Pilgrim Enterprises, Inc. v. Maryland Casualty Co., 24 S.W.2d 488, 496 (Tex.App.-Houston [1st Dist.] 2000, no pet.).

11
Soria v. Stategreen
texcrimapp · 1996 · cited in 1 Texas opinions naming this issue, 1997–1997
1 sentence

1997See Soria v. State, 933 S.W.2d 46, 64 (Tex.Crim.

11
Gulf Interstate Engineering Co. v. Pecos Pipeline & Producing Co.green
texapp · 1984 · cited in 1 Texas opinions naming this issue, 1997–1997
11
Wetzel v. Sullivan, King & Sabom, P.C.green
texapp · 1988 · cited in 1 Texas opinions naming this issue, 1997–1997
11
Stovall v. Stategreen
texcrimapp · 1925 · cited in 1 Texas opinions naming this issue, 1995–1995
11
Teague v. Stategreen
texcrimapp · 1993 · cited in 1 Texas opinions naming this issue, 1994–1994
11
Coronado Transmission Co. v. O'Sheagreen
texapp · 1985 · cited in 1 Texas opinions naming this issue, 1993–1993
11
Martin v. Stategreen
texcrimapp · 1952 · cited in 1 Texas opinions naming this issue, 1985–1985
11
Lolmaugh v. Stategreen
texcrimapp · 1974 · cited in 1 Texas opinions naming this issue, 1985–1985
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 (25)

CaseCitedYears
Centerpoint Energy, Inc. v. Public Utility Commission green
tex · 2004
2 sentences

2008Id. at 83 .

2008Id. at 83 .

52007–2008
Cardenas v. State green
texapp · 2009
2 sentences

2010Id. at 781-82 .

2010Id. at 781-82 .

22010–2010
American Home Assurance Company, Plaintiff-Counter-Defendant-Appellee v. Unitramp Limited and Unitramp, S.A., Defendants-Counter-Claimants-Appellants green
ca5 · 1998
2 sentences

2006Without further analysis into the propriety of the rule, the Unitramp court also applied it. 146 F.3d at 313-14 .

2006Without further analysis into the propriety of the rule, the Unitramp court also applied it. 146 F.3d at 313 B 14.

22006–2006
In the Interest of K.M.S. green
tex · 2002
2 sentences

2005In re K.M.S., 91 S.W.3d 331 (Tex.2002) (courts of appeals are not free to disregard pronouncements from Texas Supreme Court); Lofton v. Texas Brine Corp., 777 S.W.2d 384, 386 (Tex.1989).

2005In re K.M.S. , 91 S.W.3d 331 (Tex. 2002) (courts of appeals are not free to disregard pronouncements from Texas Supreme Court); Lofton v. Texas Brine Corp. , 777 S.W.2d 384, 386 (Tex. 1989).

22005–2005
Valdez v. State green
texcrimapp · 1970
2 sentences

1993Id. at 625 .

1993Id. at 625 .

21993–1993
Gallagher Headquarters Ranch Development, Ltd. v. City of San Antonio green
texapp · 2008
1 sentence

2024See Ex parte City of Corpus Christi, 427 S.W.3d 400, 404 (Tex. App.—Corpus Christi–Edinburg 2013, pet. denied) (“Proceeds of bonds voted by the 12 people must be used for the purposes for which they were voted.” (citing Lewis v. City of Fort Worth, 89 S.W.2d 975, 978 (Tex. 1936)); Gallagher Headquarters Ranch Dev., Ltd. v. City of San Antonio, 269 S.W.3d 628 , 633–34 (Tex. App.—San Antonio 2008, pet. granted, judgm’t vacated w.r.m.) (recognizing the propriety of the doctrine); Taxpayers for Sensible Priorities v. City of Dallas, 79 S.W.3d 670, 676 (Tex. App.—Dallas 2002, pet. denied) (“It is e

12024–2024
Moon, Cameron red
texcrimapp · 2014
1 sentence

2020Moon, 451 S.W.3d at 51 n.87 (citations and internal quotation marks omitted); see also In re J.G.S., No. 03-16-00556-CV, 2017 WL 672460 , at *4 (Tex. App.—Austin Feb. 17, 2017, no pet.) (mem. op. on reh’g).

12020–2020
Steering Committees for the Cities Served by TXU Electric v. Public Utility Commission green
texapp · 2001
1 sentence

2014Id. at 298- 300.

12014–2014
Woods v. Texas green
scotus · 2005
1 sentence

2010App. 2004), cert. denied, 544 U.S. 1050 (2005). 5 called Geesa instruction 8 as attempts to define reasonable doubt but held that the identical paragraph to the one complained of in this case was proper. 9 Second, this court, on numerous occasions, and the court of criminal appeals, quite recently, have addressed the propriety of this instruction and found it not to be improper. 10 Accordingly, because we are bound by stare decisis, we overrule Appellant’s second issue. 8  See Geesa v. State, 820 S.W .2d 154 (Tex. Crim.

12010–2010
Crawford v. Washington green
scotus · 2004
1 sentence

2007Crawford v. Washington , 541 U.S. 36 (2004) .

12007–2007
Hearthshire Braeswood Plaza Ltd. Partners v. Bill Kelly Co. green
texapp · 1993
11997–1997
Bond v. Otis Elevator Company green
tex · 1965
11997–1997
DeLeon v. Otis Elevator Co. green
texapp · 1980
11997–1997
Otis Elevator Company v. Bond green
texapp · 1963
11997–1997
Dallas Railway & Terminal Co. v. Bailey green
tex · 1952
11995–1995
Dallas Railway & Terminal Co. v. Bailey green
tex · 1952
11995–1995
First International Bank in San Antonio v. Roper Corp. green
tex · 1985
11988–1988
Friendswood Development Co. v. Smith-Southwest Industries, Inc. green
tex · 1978
11983–1983
Engle v. Isaac green
scotus · 1982
11983–1983
Barron v. State green
texcrimapp · 1978
11982–1982
Grigsby v. Reib green
tex · 1913
11980–1980
Meadows v. Green green
tex · 1975
11976–1976
Walker v. Temple Trust Co. green
tex · 1935
11937–1937
Philadelphia, Wilmington, & Baltimore Railroad v. Quigley green
· 1859
11918–1918
Davie v. Terrill neutral
tex · 1885
11917–1917

Statutes the citing opinions construe

TX § Tex. Util. Code § 39.001 (6) TX § Tex. Util. Code § 12.001 (5) TX § Tex. Util. Code § 13.003 (5) TX § Tex. Util. Code § 36.051 (5) TX § Tex. Util. Code § 36.054 (5) TX § Tex. Util. Code § 39.052 (5) TX § Tex. Util. Code § 39.102 (5) TX § Tex. Util. Code § 39.251 (5) TX § Tex. Util. Code § 39.254 (5) TX § Tex. Util. Code § 39.256 (5) TX § Tex. Util. Code § 39.260 (5) TX § Tex. Util. Code § 39.262 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 113 (1876–2026) MO 61 (1860–2015) IL 57 (1882–2025) TX 56 (1917–2026) NY 49 (1854–2018) IN 47 (1906–2026) PA 31 (1908–2025) FL 28 (1902–2025) NC 23 (1850–2025) MD 23 (1917–2021) CO 22 (1900–2024) MS 22 (1968–2009) AL 22 (1854–2016) IA 21 (1918–2022) OH 21 (1970–2026) MI 21 (1900–2021) UT 19 (1981–2020) NE 18 (1910–1998) WA 16 (1919–2025) CT 15 (1936–2010) WY 15 (1945–2024) KY 14 (1914–2016) NJ 14 (1884–2021) OR 14 (1898–2023) WV 13 (1882–2025) TN 12 (1934–2025) MA 11 (1961–2023) LA 10 (1981–1995) MN 10 (1932–2013) AZ 10 (1966–2015) KS 10 (1897–2016) NV 9 (1956–2014) SD 9 (1909–2025) VA 9 (1876–1997) MT 9 (1895–1987) RI 9 (1980–2026) ME 8 (1855–1981) AR 7 (1946–2010) OK 6 (1935–1995) GA 6 (1877–2023) NM 6 (1963–2018) DC 5 (1893–1996) HI 5 (1911–2005) DE 5 (1912–2008) VT 5 (1868–2006) NH 4 (1820–1995) ID 4 (1919–2022) AK 3 (1977–1990) WI 3 (1958–1973) ND 3 (1908–1993) SC 2 (1881–2014) VI 2 (1981–2005)

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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