interests underlying rule (Texas) · Go Syfert
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interests underlying rule in Texas

7 Texas opinions name it 2 courts 1998–2012 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
Malik v. Stategreen
texcrimapp · 1997 · cited in 4 Texas opinions naming this issue, 1998–2009
2 sentences

2009Our own Texas Court of Criminal Appeals has observed that "we should take into account the interests underlying the rule of stare decisis: Often it is better to be consistent than right." Malik v. State, 953 S.W.2d 234, 236 (Tex.Crim.App.1997).

2009Our own Texas Court of Criminal Appeals has observed that “we should take into account the interests underlying the rule of stare decisis: Often it is better to be consistent than right.” Malik v. State, 953 S.W.2d 234, 236 (Tex.Crim.App.1997).

44
Busby v. Stategreen
texcrimapp · 1999 · cited in 2 Texas opinions naming this issue, 2002–2012
2 sentences

2012“The interests underlying the doctrine of stare decisis are at their height for judicial interpretations of legislative enactments upon which parties rely for guidance in attempting to conform to those legislative enactments.” Busby v. State, 990 S.W.2d 263, 267 (Tex. Crim.

2002Hence, even if we believed that appellant’s interpretation necessarily followed from the language in Article 31.04 (which we do not), we would find that the interests underlying the doctrine of stare decisis are weighty enough, in the present case, to adhere to our decision in Cockrum 990 S.W.2d at 267 .

12
State v. Hardygreen
texcrimapp · 1998 · cited in 1 Texas opinions naming this issue, 1999–1999
2 sentences

1999"When the Legislature meets, after a particular statute has been judicially construed without changing the statute, we presume the Legislature intended the same construction should continue to be applied to that statute." Marin v. State, 891 S.W.2d 267, 271-272 (Tex. Crim.App.1994); State v. Hardy, 963 S.W.2d 516, 523 (Tex.Crim.App.1997).

1999“When the Legislature meets, after a particular statute has been judicially construed without changing the statute, we presume the Legislature intended the same construction should continue to be applied to that statute.” Marin v. State, 891 S.W.2d 267, 271-272 (Tex.Crim.App.1994); State v. Hardy, 963 S.W.2d 516, 523 (Tex.Crim.App.1997).

11
Marin v. Stategreen
texcrimapp · 1994 · cited in 1 Texas opinions naming this issue, 1999–1999
2 sentences

1999"When the Legislature meets, after a particular statute has been judicially construed without changing the statute, we presume the Legislature intended the same construction should continue to be applied to that statute." Marin v. State, 891 S.W.2d 267, 271-272 (Tex. Crim.App.1994); State v. Hardy, 963 S.W.2d 516, 523 (Tex.Crim.App.1997).

1999“When the Legislature meets, after a particular statute has been judicially construed without changing the statute, we presume the Legislature intended the same construction should continue to be applied to that statute.” Marin v. State, 891 S.W.2d 267, 271-272 (Tex.Crim.App.1994); State v. Hardy, 963 S.W.2d 516, 523 (Tex.Crim.App.1997).

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 (1)

CaseCitedYears
Lawrence v. Texas green
scotus · 2003
2 sentences

2009The doctrine of stare decisis is a bulwark of Anglo-American jurisprudence because it serves the important purpose of ensuring “the stability of the law.” Lawrence v. Texas, 539 U.S. 558, 577 , 123 S.Ct. 2472 , 156 L.Ed.2d 508 (2003).

2009The doctrine of stare decisis is a bulwark of Anglo-American jurisprudence because it serves the important purpose of ensuring “the stability of the law.” Lawrence v. Texas, 539 U.S. 558, 577 , 123 S.Ct. 2472 , 156 L.Ed.2d 508 (2003).

12009–2009

Statutes the citing opinions construe

TX § Tex. Penal Code § 31.03 (3)

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

TX 7 (1998–2012) NJ 2 (1996–1998) NM 2 (2008–2016)

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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