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6 Texas opinions name it 3 courts 1889–2022 2 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 |
|---|---|---|
Fischer v. CTMI, L.L.C.green1 sentence2022See id. | 1 | 1 |
Sabre Travel International, Ltd. v. Deutsche Lufthansa Ag, Austrian Airlines Ag, Brussels Airlines, nv/sa, and Swiss International Air Lines, Ltd.green1 sentence2022See 567 S.W.3d at 733 . 2 Both the dissent and the plurality interpret Rule 47.1 to require courts of appeals to issue written opinions explaining the denial of permissive appeals. | 1 | 1 |
Taylor v. Stategreen1 sentence2017See id. at 682 (“[Rjetroactive application of the rule to the parties in the announcing case is a necessary price to pay for a system that encourages parties to challenge bad rules: there is a need to reward the party ... responsible for convincing the Court to” overturn a bad rule.) (internal quotation marks omitted). . | 1 | 1 |
State v. DeLaygreen1 sentence2007Thus, by using a two-stage overruling process, consisting first of a warning in the form of a dictum and secondly, if necessary, of a holding overruling an earlier decision, the court can achieve a desirable effect by changing a bad rule without defeating any strong reliance interests."). [1] 545 S.W.2d 140 (Tex.Crim.App.1976). [2] 547 S.W.2d 627 (Tex.Crim.App.1977). [3] State v. DeLay, 208 S.W.3d 603, 607 (Tex. App.-Austin 2006). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Moore v. State
green
1 sentence2007Thus, by using a two-stage overruling process, consisting first of a warning in the form of a dictum and secondly, if necessary, of a holding overruling an earlier decision, the court can achieve a desirable effect by changing a bad rule without defeating any strong reliance interests."). [1] 545 S.W.2d 140 (Tex.Crim.App.1976). [2] 547 S.W.2d 627 (Tex.Crim.App.1977). [3] State v. DeLay, 208 S.W.3d 603, 607 (Tex. App.-Austin 2006). | 1 | 2007–2007 |
Baker v. State
green
1 sentence2007Thus, by using a two-stage overruling process, consisting first of a warning in the form of a dictum and secondly, if necessary, of a holding overruling an earlier decision, the court can achieve a desirable effect by changing a bad rule without defeating any strong reliance interests."). [1] 545 S.W.2d 140 (Tex.Crim.App.1976). [2] 547 S.W.2d 627 (Tex.Crim.App.1977). [3] State v. DeLay, 208 S.W.3d 603, 607 (Tex. App.-Austin 2006). | 1 | 2007–2007 |
Williamson v. State
green
2 sentences1998This Court has recognized evidence of intent and reasonable calculation to provoke the difficulty is essential “because it would be a bad rule to deprive a defendant of the right of self-defense if he unknowingly and innocently provoked a person into using force against him or if the act or words he used were innocuous and not reasonably calculated to produce a difficulty.” Williamson, 672 S.W.2d at 487 (citing MeClung’s “Jury Charges for Texas Criminal Practice” at 332 ). 1998This Court has recognized evidence of intent and reasonable calculation to provoke the difficulty is essential "because it would be a bad rule to deprive a defendant of the right of self-defense if he unknowingly and innocently provoked a person into using force against him or if the act or words he used were innocuous and not reasonably calculated to produce a difficulty." Williamson, 672 S.W.2d at 487 (citing McClung's "Jury Charges for Texas Criminal Practice" at 332 ). | 1 | 1998–1998 |
Gulf, Colorado & Santa Fe Railway Co. v. McGowan
neutral
1 sentence1889Railway v. McGowan, 73 Texas, 355 ; Patterson's Ry. | 1 | 1889–1889 |
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.