decision regarding claim (Texas) · Go Syfert
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decision regarding claim in Texas

7 Texas opinions name it 2 courts 1990–2019 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 (6)

CaseFollowedCited
White v. Stateyellow
texcrimapp · 1979 · cited in 3 Texas opinions naming this issue, 1990–2011
2 sentences

2011Although it addressed the issue in the context of a defendant's affirmative defense, the court stated that its conclusion was "dictated by stare decisis" because it had, seventeen years prior to issuing its opinion in Clewis, recognized that it had "no jurisdiction" to consider, as requested by a defendant, whether "the jury's decision regarding his claim of incompetency was `so contrary to the great weight and preponderance of the evidence as to be manifestly wrong [and] unjust.'" Id. at 155 (citing White v. State, 591 S.W.2d 851, 854 (Tex.Crim.App.1979)).

2011Although it addressed the issue in the context of a defendant’s affirmative defense, the court stated that its conclusion was “dictated by stare decisis” because it had, seventeen years prior to issuing its opinion in Clewis , recognized that it had “no jurisdiction” to consider, as requested by a defendant, whether “the jury’s decision regarding his claim of incompetency was ‘so contrary to the great weight and preponderance of the evidence as to be manifestly wrong [and] unjust.’ ” Id. at 155 (citing White v. State, 591 S.W.2d 851, 854 (Tex.Crim.App.1979)).

23
Matter of Humphreysgreen
tex · 1994 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See Escobar v. Escobar, 711 S.W.2d 230, 232 (Tex. 1986); see also In re Humphreys, 880 S.W.2d 402, 404 (Tex. 1994) (“[Q]uestions of law are always subject to de novo review.”).

2010See Escobar v. Escobar , 711 S.W.2d 230, 232 (Tex. 1986); see also In re Humphreys , 880 S.W.2d 402, 404 (Tex. 1994) ("[Q]uestions of law are always subject to de novo review.").

22
Escobar v. Escobargreen
tex · 1986 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See Escobar v. Escobar, 711 S.W.2d 230, 232 (Tex. 1986); see also In re Humphreys, 880 S.W.2d 402, 404 (Tex. 1994) (“[Q]uestions of law are always subject to de novo review.”).

2010See Escobar v. Escobar , 711 S.W.2d 230, 232 (Tex. 1986); see also In re Humphreys , 880 S.W.2d 402, 404 (Tex. 1994) ("[Q]uestions of law are always subject to de novo review.").

22
Perry Homes v. Cullgreen
tex · 2008 · cited in 1 Texas opinions naming this issue, 2019–2019
2 sentences

2019Id., 258 S.W.3d at 596, n.89 (de novo review encompasses the record before the trial court); see also Mickens v. Longhorn DFW Moving, Inc., 264 S.W.3d 875, 879 (Tex. App.—Dallas 2008, pet. denied) (“When reviewing error under a de novo standard, we conduct an independent analysis of the record to arrive at our own legal conclusion.”).

2019Id., 258 S.W.3d at 596, n.89 (de novo review encompasses the record before the trial court); see also Mickens v. Longhorn DFW Moving, Inc., 264 S.W.3d 875, 879 (Tex. App.—Dallas 2008, pet. denied) (“When reviewing error under a de novo standard, we conduct an independent analysis of the record to arrive at our own legal conclusion.”).

11
Mickens v. Longhorn DFW Moving, Inc.green
texapp · 2008 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019Id., 258 S.W.3d at 596, n.89 (de novo review encompasses the record before the trial court); see also Mickens v. Longhorn DFW Moving, Inc., 264 S.W.3d 875, 879 (Tex. App.—Dallas 2008, pet. denied) (“When reviewing error under a de novo standard, we conduct an independent analysis of the record to arrive at our own legal conclusion.”).

11
Eli Lilly and Co. v. Marshallgreen
tex · 1992 · cited in 1 Texas opinions naming this issue, 1992–1992
1 sentence

1992Eli Lilly and Co. v. Marshall, 829 S.W.2d 157, 158 (Tex.1992).

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

OH 34 (2005–2026) FL 10 (1995–2025) TX 7 (1990–2019) IN 5 (2007–2020) IL 5 (2013–2022) MA 4 (2006–2018) MI 3 (1982–2016) PA 3 (2016–2024) NY 3 (2007–2010) MD 2 (2002–2023) ID 2 (1992–2012)

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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