Harvey claim (Texas) · Go Syfert
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Harvey claim in Texas

7 Texas opinions name it 2 courts 2003–2026 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 (4)

CaseFollowedCited
Batiste v. Stategreen
texcrimapp · 1994 · cited in 3 Texas opinions naming this issue, 2003–2004
2 sentences

2004In direct contrast to Harvey's claim that a minority defendant's rights are violated when tried by an all-white jury, the Texas Court of Criminal Appeals emphasized that "even a jury from which minority veniremen have been peremptorily struck in violation of the Equal Protection Clause, if it is otherwise unobjectionable, is capable of rendering a verdict—even as to a defendant who is a member of the same minority as the veniremen wrongfully struck." Batiste v. State , 888 S.W.2d 9, 12 (Tex. Crim.

2003In direct contrast to Harvey's claim that a minority defendant's rights are violated when tried by an all-white jury, the Texas Court of Criminal Appeals emphasized that "even a jury from which minority veniremen have been peremptorily struck in violation of the Equal Protection Clause, if it is otherwise unobjectionable, is capable of rendering a verdict—even as to a defendant who is a member of the same minority as the veniremen wrongfully struck." Batiste v. State , 888 S.W.2d 9, 12 (Tex. Crim.

33
Italian Cowboy Partners, Ltd. v. Prudential Insurance Co. of Americagreen
tex · 2011 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020Co. of Am., 341 S.W.3d 323, 337 (Tex. 2011). 24 Formosa Plastics Corp. USA v. Presidio Eng’rs & Contractors, Inc., 960 S.W.2d 41, 48 (Tex. 1998). 25 Id. 19 The DTPA claim To prevail on a claim alleging that a defendant violated the DTPA, the plaintiff must prove (1) the plaintiff is a consumer, (2) the defendant can be sued under the DTPA, (3) the defendant committed one or more wrongful acts, which includes the defendant’s breach of an express or implied warranty, that violated the DTPA, and (4) the conduct the defendant committed that violated the DTPA was a producing cause of the plaintiff’

11
Formosa Plastics Corp. USA v. Presidio Engineers and Contractors, Inc.green
tex · 1998 · cited in 1 Texas opinions naming this issue, 2020–2020
2 sentences

2020Co. of Am., 341 S.W.3d 323, 337 (Tex. 2011). 24 Formosa Plastics Corp. USA v. Presidio Eng’rs & Contractors, Inc., 960 S.W.2d 41, 48 (Tex. 1998). 25 Id. 19 The DTPA claim To prevail on a claim alleging that a defendant violated the DTPA, the plaintiff must prove (1) the plaintiff is a consumer, (2) the defendant can be sued under the DTPA, (3) the defendant committed one or more wrongful acts, which includes the defendant’s breach of an express or implied warranty, that violated the DTPA, and (4) the conduct the defendant committed that violated the DTPA was a producing cause of the plaintiff’

2020Co. of Am., 341 S.W.3d 323, 337 (Tex. 2011). 24 Formosa Plastics Corp. USA v. Presidio Eng’rs & Contractors, Inc., 960 S.W.2d 41, 48 (Tex. 1998). 25 Id. 19 The DTPA claim To prevail on a claim alleging that a defendant violated the DTPA, the plaintiff must prove (1) the plaintiff is a consumer, (2) the defendant can be sued under the DTPA, (3) the defendant committed one or more wrongful acts, which includes the defendant’s breach of an express or implied warranty, that violated the DTPA, and (4) the conduct the defendant committed that violated the DTPA was a producing cause of the plaintiff’

11
Ex Parte Ramirezgreen
texcrimapp · 2007 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See Ramirez, 280 S.W.3d at 853 ; Cantu, 993 S.W.2d at 719 .

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 (3)

CaseCitedYears
Lane v. State green
texcrimapp · 2004
1 sentence

2026It could also be viewed as failing to preserve error: “Generally, to preserve error in the admission of evidence, a party must make a proper objection, get a ruling on that objection, and continue to object each time the allegedly inadmissible evidence—or other evidence proving the same underlying fact—is offered.” Redmond, 629 S.W.3d at 547 (citing Lane, 151 S.W.3d at 193 ).

12026–2026
Cantu v. State green
texapp · 1999
1 sentence

2019See Ramirez, 280 S.W.3d at 853 ; Cantu, 993 S.W.2d at 719 .

12019–2019
Rogers v. State green
texcrimapp · 2003
2 sentences

2003Rogers v. State , 105 S.W.3d 630 , 640 B 41 ( Tex. Crim .

2003Rogers v. State , 105 S.W.3d 630 , 640 B 41 ( Tex. Crim .

12003–2003

Where else courts name it

CA 257 (1962–2026) GA 12 (1995–2026) TX 7 (2003–2026) FL 6 (2003–2026) DC 5 (1981–2025) LA 4 (1974–1993) IN 3 (1999–2015) NJ 3 (1998–2010) WA 3 (2009–2012) WI 3 (2003–2008) UT 2 (2015–2017) VA 2 (2005–2023) MS 2 (2006–2008) IL 2 (2012–2024) OH 2 (2013–2022) NY 2 (1949–1953)

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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