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

7 Texas opinions name it 2 courts 1990–2018 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 (5)

CaseFollowedCited
Torres v. Stategreen
texapp · 1990 · cited in 6 Texas opinions naming this issue, 1990–2018
2 sentences

2018Id. at 335 ; see also Torres v. State, 804 S.W.2d 918, 920 (Tex. App.—El Paso 1990, pet. ref'd) (denying appellant's request for abatement to hold hearing on question of effectiveness of counsel's assistance and stating, “. . . we are not disposed to encourage a practice of disrupting the orderly and prompt flow of direct appeals by what could well become a routine defense practice of seeking such abatement for random trolling of the record for signs of ineffective 2 assistance.”).

2002Id. at 335 ; see also Torres v. State, 804 S.W.2d 918, 920 (Tex.App.-El Paso 1990, pet. ref'd) (denying appellant’s request for abatement to hold hearing on question of effectiveness of counsel’s assistance and stating, “... we are not disposed to encourage a practice of disrupting the orderly and prompt flow of direct appeals by what could well become a routine defense practice of seeking such abatement for random trolling of the record for signs of ineffective assistance.”).

56
Bowler v. Stategreen
texapp · 1992 · cited in 3 Texas opinions naming this issue, 1999–2018
2 sentences

2018Id. at 335 ; see also Torres v. State, 804 S.W.2d 918, 920 (Tex. App.—El Paso 1990, pet. ref'd) (denying appellant's request for abatement to hold hearing on question of effectiveness of counsel's assistance and stating, “. . . we are not disposed to encourage a practice of disrupting the orderly and prompt flow of direct appeals by what could well become a routine defense practice of seeking such abatement for random trolling of the record for signs of ineffective 2 assistance.”).

2002Id. at 335 ; see also Torres v. State, 804 S.W.2d 918, 920 (Tex.App.-El Paso 1990, pet. ref'd) (denying appellant’s request for abatement to hold hearing on question of effectiveness of counsel’s assistance and stating, “... we are not disposed to encourage a practice of disrupting the orderly and prompt flow of direct appeals by what could well become a routine defense practice of seeking such abatement for random trolling of the record for signs of ineffective assistance.”).

13
Pettway v. Stategreen
texapp · 1999 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See Pettway v. State, 4 S.W.3d 390 , 391—92 (Tex. App.—Houston [1st Dist.] 1999, no pet.).

11
United States v. Milesgreen
ca5 · 2004 · cited in 1 Texas opinions naming this issue, 2012–2012
2 sentences

2012Sept. 25, 1997) (stating that a provider’s routine waiver of Medicare copayments may violate the Anti-Kickback Statute because when providers “forgive financial obligations for reasons other than genuine financial hardship of the particular patient, they unlawfully may be inducing the patient to purchase items or services in violation of the anti-kickback statute’s proscription against offering or paying something of value as an inducement to generate business payable by” Medicare). [40] See United States v. Miles , 360 F.3d 472, 480 (5th Cir. 2004). [41] See id. at 480 n.3 (noting the appella

2012Sept. 25, 1997) (stating that a provider’s routine waiver of Medicare copayments may violate the Anti-Kickback Statute because when providers “forgive financial obligations for reasons other than genuine financial hardship of the particular patient, they unlawfully may be inducing the patient to purchase items or services in violation of the anti-kickback statute’s proscription against offering or paying something of value as an inducement to generate business payable by” Medicare). [40] See United States v. Miles , 360 F.3d 472, 480 (5th Cir. 2004). [41] See id. at 480 n.3 (noting the appella

11
UNITED STATES of America, Appellee, v. A. Alvin GREBER, Appellantgreen
ca3 · 1985 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012Rental Serv., Inc. , 874 F.2d 20 , 29 (1st Cir. 1989). [44] See also United States v. Greber , 760 F.2d 68, 71 (3d Cir. 1985) (“The statute is aimed at the inducement factor.”). [45] See Medicare and State Health Care Programs: Fraud and Abuse; OIG Anti-Kickback Provisions, 56 Fed.

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
United States v. Norman Ruttenberg, United States of America v. Royal Fontana Nursing Center, Inc. green
ca7 · 1980
1 sentence

2012Sept. 25, 1997) (stating that a provider’s routine waiver of Medicare copayments may violate the Anti-Kickback Statute because when providers “forgive financial obligations for reasons other than genuine financial hardship of the particular patient, they unlawfully may be inducing the patient to purchase items or services in violation of the anti-kickback statute’s proscription against offering or paying something of value as an inducement to generate business payable by” Medicare). [40] See United States v. Miles , 360 F.3d 472, 480 (5th Cir. 2004). [41] See id. at 480 n.3 (noting the appella

12012–2012
cluster 522863 green
ca1 · 1989
1 sentence

2012Rental Serv., Inc. , 874 F.2d 20 , 29 (1st Cir. 1989). [44] See also United States v. Greber , 760 F.2d 68, 71 (3d Cir. 1985) (“The statute is aimed at the inducement factor.”). [45] See Medicare and State Health Care Programs: Fraud and Abuse; OIG Anti-Kickback Provisions, 56 Fed.

12012–2012
Oldham v. State green
texcrimapp · 1998
1 sentence

2001The court quoted Torres, where it said, “we are not disposed to encourage a practice of disrupting the orderly and prompt flow of direct appeals by what could well become a routine defense practice of seeking abatement for random trolling of the record for signs of ineffective assistance.” Id. (citing Torres v. State, 804 S.W.2d 918, 920 (Tex.App.—El Paso 1990, writ ref'd)).

12001–2001

Where else courts name it

IL 24 (1965–2022) CA 23 (1967–2025) MO 22 (2005–2023) GA 12 (1987–2018) NY 8 (1958–2003) MA 8 (1992–2025) KS 7 (1978–2025) MD 7 (1994–2016) TX 7 (1990–2018) DC 7 (1986–2023) PA 4 (1995–2018) IN 3 (1981–2013) FL 3 (1993–1997) NM 2 (2000–2001) NC 2 (1902–2026) OH 2 (1988–1992) AL 2 (2005–2012)

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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