appointment defense (Texas) · Go Syfert
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appointment defense in Texas

7 Texas opinions name it 3 courts 1978–2023 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 (6)

CaseFollowedCited
De Freece v. Stategreen
texcrimapp · 1993 · cited in 2 Texas opinions naming this issue, 1998–1998
2 sentences

1998See De Freece v. State, 848 S.W.2d 150, 160 (Tex.Crim.App.1993).

1998See De Freece v. State, 848 S.W.2d 150, 160 (Tex.Crim.App.1993).

22
Rosales v. Stategreen
texcrimapp · 1999 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023We have never extended or otherwise applied Williams’s approval of ex parte hearings on the appointment of defense experts to the context of criminal discovery. 68 See Griffith, 983 S.W.2d at 286 (noting, pursuant to Ake and Williams, it is “without question that Ake requires the appointment of expert regardless of field of expertise”); Cf. Rosales, 4 S.W.3d at 232 (Ake does not apply to request to accompany counsel to crime scene because Ake “deals with when a trial court is constitutionally required” to appoint a defense expert).

11
United States Government v. Marksgreen
tex · 1997 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023Williams, 958 S.W.2d at 191-92 . 74 Marks, 949 S.W.2d at 325 (“we note that the law in this State, as in most jurisdictions, looks upon ex parte proceedings with extreme disfavor.”).

11
State Ex Rel. Rosenthal v. Poegreen
texcrimapp · 2003 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023Rosenthal v. Poe, 98 S.W.3d 194, 203 (Tex. Crim.

11
Griffith v. Stategreen
texcrimapp · 1998 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023We have never extended or otherwise applied Williams’s approval of ex parte hearings on the appointment of defense experts to the context of criminal discovery. 68 See Griffith, 983 S.W.2d at 286 (noting, pursuant to Ake and Williams, it is “without question that Ake requires the appointment of expert regardless of field of expertise”); Cf. Rosales, 4 S.W.3d at 232 (Ake does not apply to request to accompany counsel to crime scene because Ake “deals with when a trial court is constitutionally required” to appoint a defense expert).

11
Citizens Bank of Bryan v. First State Bankgreen
tex · 1979 · cited in 1 Texas opinions naming this issue, 1985–1985
1 sentence

1985See Citizens Bank of Bryan v. First State Bank, Hearne, supra, at 347; Texas Health Facilities Commission v. Charter Medical-Dallas, Inc., 665 S.W.2d 446 (Tex. 1984); Consumers Water, Inc. v. Public Utility Commission of Texas, 651 S.W.2d 335 (Tex.App.-Austin 1983, no writ).

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 (6)

CaseCitedYears
Grace v. Structural Pest Control Bd. of Tex. green
texapp · 1981
2 sentences

1985Although section 15 of the act clearly allows the appointment of a hearing examiner in such cases, see Grace v. Structural Pest Control Board of Texas, 620 S.W.2d 157 (Tex.Civ.App.-Waco 1981, writ ref'd n.r.e.), the commission must make the ultimate decision and include findings of fact and conclusions of law in compliance with sections 15 and 16.

1985Although section 15 ofrhe act clearly allovs the appointment of a hearing examiner in such cases, see Grace v. Structural Pest Control Boa::dof Texas, 620 S.W.2d 157 (K Civ.

21985–1985
Williams v. State green
texcrimapp · 1997
1 sentence

2023Williams, 958 S.W.2d at 191-92 . 74 Marks, 949 S.W.2d at 325 (“we note that the law in this State, as in most jurisdictions, looks upon ex parte proceedings with extreme disfavor.”).

12023–2023
Ake v. Oklahoma green
scotus · 1985
2 sentences

2012Ake v. Oklahoma, 470 U.S. 68, 74 , 105 S. Ct. 1087 , 1091–92 (1985). 4 expert.

2012Ake v. Oklahoma, 470 U.S. 68, 74 , 105 S. Ct. 1087 , 1091–92 (1985). 4 expert.

12012–2012
Texas Health Facilities Commission v. Charter Medical-Dallas, Inc. green
tex · 1984
1 sentence

1985See Citizens Bank of Bryan v. First State Bank, Hearne, supra, at 347; Texas Health Facilities Commission v. Charter Medical-Dallas, Inc., 665 S.W.2d 446 (Tex. 1984); Consumers Water, Inc. v. Public Utility Commission of Texas, 651 S.W.2d 335 (Tex.App.-Austin 1983, no writ).

11985–1985
Consumers Water, Inc. v. Public Utility Commission green
texapp · 1983
1 sentence

1985See Citizens Bank of Bryan v. First State Bank, Hearne, supra, at 347; Texas Health Facilities Commission v. Charter Medical-Dallas, Inc., 665 S.W.2d 446 (Tex. 1984); Consumers Water, Inc. v. Public Utility Commission of Texas, 651 S.W.2d 335 (Tex.App.-Austin 1983, no writ).

11985–1985
Buckley v. Valeo green
scotus · 1976
2 sentences

1978The dissent’s reliance on Buckley v. Valco, 424 U.S. 1 , 96 S.Ct. 612 , 46 L.Ed.2d 659 (1976) is similarly not helpful in the situation here presented, since the instant case has an incumbent de jure, whereas the incumbent in Buckley was appointed under the Federal Election Campaign Act of 1971 (as amended in 1974) which violated the appointment clause.

1978The dissent’s reliance on Buckley v. Valco, 424 U.S. 1 , 96 S.Ct. 612 , 46 L.Ed.2d 659 (1976) is similarly not helpful in the situation here presented, since the instant case has an incumbent de jure, whereas the incumbent in Buckley was appointed under the Federal Election Campaign Act of 1971 (as amended in 1974) which violated the appointment clause.

11978–1978

Where else courts name it

CA 13 (1950–2025) PA 12 (1980–2025) FL 9 (1978–2016) IN 9 (1881–2018) MI 9 (1978–2021) IL 8 (1978–2022) OH 8 (1997–2022) TX 7 (1978–2023) MD 7 (1981–2025) AL 4 (1917–2010) MN 3 (1988–2017) TN 3 (1980–2013) KS 3 (2021–2026) WA 3 (1990–2007) WY 2 (2023–2023) CO 2 (1986–2014) NY 2 (1981–2001) OR 2 (2010–2015) WI 2 (1970–2006) LA 2 (1985–2016) KY 2 (1937–1995)

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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