aid of any rule (Texas) · Go Syfert
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aid of any rule in Texas

7 Texas opinions name it 2 courts 1982–2015 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 (4)

CaseFollowedCited
Hardesty v. Stategreen
texcrimapp · 1983 · cited in 4 Texas opinions naming this issue, 1987–1989
2 sentences

1988A permissible inference is a “deduction from facts which a fact finder may draw from the circumstances of the case without the aid of any rule of law, but it is not obliged to do so." Hardesty, 656 S.W.2d at 76.

1987As the Court explained through Judge Miller in Hardesty v. State, 656 S.W.2d 73 (Tex.Crim.App.1983), concerning another so-called “presumption” (the “presumption” of theft arising from unexplained possession of recently stolen property), this is only a “permissible inference,” i.e., a deduction from the proven facts that the fact-finder may draw from the circumstances of the case without the aid of any rule of law, but which it is not obligated to so draw.

24
Mauldin v. Stategreen
texcrimapp · 1982 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015A true presumption is a rule of law laid down by the courts which attaches to facts certain procedural consequences, such as the shift in the burden of evidence production: when fact A is established, the fact finder must find fact B, unless the opponent introduces evidence from which the fact finder could reasonably find that B did not exist.46 Distantly related is the term “permissible inference” which is a deduction from the facts which the fact finder may draw from the circumstances of the case without the aid of any rule of law, but is not obligated to do so.47 To find that burglary has b

11
Solis v. Stategreen
texcrimapp · 1979 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015App. 1982); Solis v. State, 589 S.W.2d 444, 446 (Tex. Crim.

11
Turner v. United Statesyellow
scotus · 1970 · cited in 1 Texas opinions naming this issue, 1983–1983
2 sentences

1983Id.; see generally also Turner v. United States, 396 U.S. 398 , 90 S.Ct. 642 , 24 L.Ed.2d 610 (1970).

1983Id.; see generally also Turner v. United States, 396 U.S. 398 , 90 S.Ct. 642 , 24 L.Ed.2d 610 (1970).

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
Griffin v. State green
texcrimapp · 1981
2 sentences

1982Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); Griffin v. State, 614 S.W.2d 155 (Tex.Cr.App.1981).

1982Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); Griffin v. State, 614 S.W.2d 155 (Tex.Cr.App.1981).

11982–1982
Jackson v. Virginia red
scotus · 1979
2 sentences

1982Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); Griffin v. State, 614 S.W.2d 155 (Tex.Cr.App.1981).

1982Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); Griffin v. State, 614 S.W.2d 155 (Tex.Cr.App.1981).

11982–1982

Where else courts name it

TX 7 (1982–2015) AL 5 (1951–2006) NC 2 (1987–1988) IL 2 (1995–2012) MD 2 (1963–1993)

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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