52 Texas opinions name it 3 courts 1992–2025 4 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.
| Case | Followed | Cited |
|---|---|---|
Fuller v. Stategreen2 sentences2019Next, the trial court must balance that inherent tendency, if any, against “the host of factors affecting probativeness, including [the] relative weight of the evidence and the degree to which its proponent might be disadvantaged without it.” Id. 2013In making this determination, the trial judge should “consider the inherent tendency that some evidence may have to encourage resolution of material issues on an inappropriate basis and should balance carefully against it the host of factors affecting probativeness, including relative weight of the evidence and the degree to which its proponent might be disadvantaged without it.” Fuller v. State, 829 S.W.2d 191, 206 (Tex. Crim. | 26 | 29 |
Richardson v. Stategreen2 sentences2003Richardson v. State , 879 S.W.2d 874, 880-81 (Tex. Crim. 2003Richardson v. State , 879 S.W.2d 874, 880-81 (Tex. Crim. | 6 | 6 |
Ladd v. Stategreen2 sentences2015In performing a Rule 403 analysis, ―the trial court must consider the host of factors affecting probativeness . . . and balance those factors against the tendency, if any, that the photographs have to encourage resolution of material issues on an inappropriate emotional basis.‖ Ladd v. State, 3 S.W.3d 547, 568 (Tex. Crim. 2015In performing a Rule 403 analysis, “the trial court must consider the host of factors affecting probativeness . . . and balance those factors against the tendency, if any, that the photographs have to encourage resolution of material issues on an inappropriate emotional basis.” Ladd v. State, 3 S.W.3d 547, 568 (Tex. Crim. | 5 | 5 |
Long v. Stategreen2 sentences2001When determining the proclivity of pictures to spur emotional decision-making, the court should examine the “number of exhibits offered, their gruesomeness, their detail, their size, whether they are black and white or color, [and] whether they are close-up.” Long v. State, 823 S.W.2d 259, 272 (Tex.Crim.App.1991). 1994Fuller v. State, 829 S.W.2d 191, 206 (Tex.Crim.App.1992), cert. denied, - U.S. -, 113 S.Ct. 2418 , 124 L.Ed.2d 640 (1993); see also, Long v. State, 823 S.W.2d 259, 270 (Tex.Crim.App.1991), cert. denied, — U.S. -, 112 S.Ct. 3042 , 120 L.Ed.2d 910 (1992). | 3 | 3 |
Narvaiz v. Stategreen2 sentences2019Next, the trial court must balance that tendency, if any, against “the host of factors affecting probativeness, including [the] relative weight of the evidence and the degree to which its proponent might be disadvantaged without it.” Id. (alteration in original) A number of factors may be considered in determining whether the danger of unfair prejudice substantially outweighs the probative value of the photographs, including “the number of exhibits offered, their gruesomeness, their detail, their size, whether they are black and white or color, whether they are close-up, whether the body is na 2015The trial court must then balance that inherent tendency, if any, against “the host of factors affecting probativeness, including the relative weight of the evidence and the degree to which its proponent might be disadvantaged without it.” Id. | 1 | 8 |
Emery v. Stategreen1 sentence2019Many factors may be considered in determining whether the danger of unfair prejudice substantially outweighs the probative value of the photographs, including “the number of exhibits offered, their gruesomeness, their detail, their size, whether they are black and white or color, whether they are close-up, whether the body is naked or clothed[, and] . . . the availability of other means of proof and the circumstances unique to each individual case.” Emery v. State, 881 S.W.2d 702, 710 (Tex. Crim. | 1 | 1 |
Jones v. Stategreen1 sentence2015Similarly, our review on appeal is limited “to determining whether the probative value of the photos is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, or needless presentation of cumulative evidence.” Jones v. State, 944 S.W.2d 642, 651 (Tex. Crim. | 1 | 1 |
Salazar v. Stategreen1 sentence2013When performing a rule 403 analysis, the trial court must consider “the host of factors affecting probativeness . . . and balance those factors against the tendency, if any, that the photographs have to encourage resolution of material issues on an inappropriate emotional basis.” Salazar v. State, 38 S.W.3d 141, 152 (Tex. Crim. | 1 | 1 |
Shelby v. Stategreen1 sentence2013Whether a violation of a defendant’s Confrontation Clause rights is harmless depends upon a host of factors, “including (1) the importance of the witness'[s] testimony in the prosecution's case, (2) whether the testimony was cumulative, (3) the presence or absence of evidence corroborating or contradicting the testimony of the witness on material points, (4) the extent of cross- examination otherwise permitted, and, of course, (5) the overall strength of the prosecution's case.” Id.; see also Shelby, 819 S.W.2d at 547 . | 1 | 1 |
Crawford v. District of Columbia Department of Correctionsgreen1 sentence1994Fuller v. State, 829 S.W.2d 191, 206 (Tex.Crim.App.1992), cert. denied, - U.S. -, 113 S.Ct. 2418 , 124 L.Ed.2d 640 (1993); see also, Long v. State, 823 S.W.2d 259, 270 (Tex.Crim.App.1991), cert. denied, — U.S. -, 112 S.Ct. 3042 , 120 L.Ed.2d 910 (1992). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Castillo v. State
green
2 sentences2007App. 1992), overruled on other grounds by Castillo v. State , 913 S.W.2d 529 (Tex. Crim. 2002In determining whether the inflammatory nature outweighs its probative value, the trial court should consider “the inherent tendency that some evidence may have to encourage [the] resolution of material issues on an inappropriate basis and should balance carefully against it the host of factors affecting probativeness, including relative weight of the evidence and the degree to which its proponent might be disadvantaged without it.” Fuller v. State, 829 S.W.2d 191, 206 (Tex.Crim.App.1992), overruled on other grounds by Castillo v. State, 913 S.W.2d 529 (Tex.Crim.App.1995). | 3 | 2002–2007 |
Anderson v. Wisconsin Department of Revenue
green
2 sentences2015Id. 1994Fuller v. State, 829 S.W.2d 191, 206 (Tex.Crim.App.1992), cert. denied, - U.S. -, 113 S.Ct. 2418 , 124 L.Ed.2d 640 (1993); see also, Long v. State, 823 S.W.2d 259, 270 (Tex.Crim.App.1991), cert. denied, — U.S. -, 112 S.Ct. 3042 , 120 L.Ed.2d 910 (1992). | 2 | 1994–2015 |
Murff v. Murff
green
1 sentence2025A trial court is entitled to consider a host of factors in making a just and right division of the estate, including “the spouses’ capacities and abilities, benefits which the party not at fault would have derived from continuation of the marriage, business opportunities, education, relative physical conditions, relative financial condition and obligations, disparity of ages, size of separate estate, and the nature of the property.” Murff, 615 S.W.2d at 699 . 4 Myriam testified that she needed the house to have a steady source of income, whereas Edgar owned his own business. | 1 | 2025–2025 |
Berghuis v. Smith
green
1 sentence2024As the United States Supreme Court has explained, an appellant cannot “make out a prima facie case merely by pointing to a host of factors that, individually or in combination, might contribute to a group’s underrepresentation.” Berghuis, 559 U.S. at 332 . | 1 | 2024–2024 |
Delaware v. Van Arsdall
green
1 sentence2021Van Arsdall, 475 U.S. at 684 ; Davis, 203 S.W.3d at 850 . | 1 | 2021–2021 |
in the Interest of P.M.W. and J.A.J., Children
green
1 sentence2021For example, courts of appeals have required greater specificity in visitation orders because (1) the trial court did not make the best-interest finding needed to restrict or limit access; 11 (2) a showing of “good cause” to deviate from the standard possession order was lacking; 12 (3) the order, as written, effectively denied all access, but the record revealed the trial recommended otherwise . . . [t]he order [did] not name a therapist or provide any guidelines to ensure that the best interests of the child are protected in these circumstances.” Id. 11 In re J.Y., 528 S.W.3d 679 , 690–91 (T | 1 | 2021–2021 |
Davis v. State
green
2 sentences2021Van Arsdall, 475 U.S. at 684 ; Davis, 203 S.W.3d at 850 . 2021Davis, 203 S.W.3d at 850 . 10 Accordingly, we hold that, even if the trial court erred in sustaining the State’s hearsay objections to Appellant’s use of Day’s affidavit, the error was harmless. (ii) Appellant failed to preserve any error for appeal under TEX. | 1 | 2021–2021 |
In Re APS
green
1 sentence2021For example, courts of appeals have required greater specificity in visitation orders because (1) the trial court did not make the best-interest finding needed to restrict or limit access; 11 (2) a showing of “good cause” to deviate from the standard possession order was lacking; 12 (3) the order, as written, effectively denied all access, but the record revealed the trial recommended otherwise . . . [t]he order [did] not name a therapist or provide any guidelines to ensure that the best interests of the child are protected in these circumstances.” Id. 11 In re J.Y., 528 S.W.3d 679 , 690–91 (T | 1 | 2021–2021 |
in the Interest of J.Y., G.Y., and B.Y., Children
green
1 sentence2021For example, courts of appeals have required greater specificity in visitation orders because (1) the trial court did not make the best-interest finding needed to restrict or limit access; 11 (2) a showing of “good cause” to deviate from the standard possession order was lacking; 12 (3) the order, as written, effectively denied all access, but the record revealed the trial recommended otherwise . . . [t]he order [did] not name a therapist or provide any guidelines to ensure that the best interests of the child are protected in these circumstances.” Id. 11 In re J.Y., 528 S.W.3d 679 , 690–91 (T | 1 | 2021–2021 |
Reese v. State
green
1 sentence2019Reese, 33 S.W.3d at 239 . | 1 | 2019–2019 |
Virginia O. Kinsel, as Attorney-In-Fact for J. Frank Kinsel, J. Frank Kinsel, Jr., Carole K. Edwards, and Catherine K. Collins v. Jane O. Lindsey, Individually and as Co-Trustee of the Lesey B. Kinsel Trust, Robert N. Oliver, Keith Branyon and Jackson Walker, Llp
green
2 sentences2017It stated that in determining whether to recognize a new cause of action, “a host of factors” must be considered, including “the existence and adequacy of other protections.” Kinsel, 526 S.W.3d at 424 , 2017 WL 2324392 , at *9 & n.6. 2017It stated that in determining whether to recognize a new cause of action, “a host of factors” must be considered, including “the existence and adequacy of other protections.” Kinsel, 526 S.W.3d at 424 , 2017 WL 2324392 , at *9 & n.6. | 1 | 2017–2017 |
Fryer v. United States
green
1 sentence1994Fuller v. State, 829 S.W.2d 191, 206 (Tex.Crim.App.1992), cert. denied, - U.S. -, 113 S.Ct. 2418 , 124 L.Ed.2d 640 (1993); see also, Long v. State, 823 S.W.2d 259, 270 (Tex.Crim.App.1991), cert. denied, — U.S. -, 112 S.Ct. 3042 , 120 L.Ed.2d 910 (1992). | 1 | 1994–1994 |
Montgomery v. State
green
2 sentences1992Id. at 389-390 . 1992Id. at 389-390 . | 1 | 1992–1992 |
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.
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.