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

7 Texas opinions name it 2 courts 2007–2018 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
Slaton v. Stategreen
texcrimapp · 1998 · cited in 2 Texas opinions naming this issue, 2008–2008
2 sentences

2008See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim.

2008See Slaton v. State , 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Fowler v. State , 16 S.W.3d 426, 428 (Tex. App.—Waco 2000, pet. ref’d).

22
Sattiewhite v. Stategreen
texcrimapp · 1989 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See Sattiewhite v. State, 786 S.W.2d 271 , 283–84 n.4 (Tex. Crim.

11
Boyle v. Statered
texcrimapp · 1991 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018Relying on Boyle v. State, 820 S.W.2d 122, 127 (Tex. Crim.

11
Zuliani v. Stategreen
texcrimapp · 2003 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012See Zuliani, 97 S.W.3d at 594-95 ; Saxton, 804 S.W.2d at 913-14 .

11
Fowler v. Stategreen
texapp · 2000 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008See Slaton v. State , 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Fowler v. State , 16 S.W.3d 426, 428 (Tex. App.—Waco 2000, pet. ref’d).

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 (6)

CaseCitedYears
Foster v. Neal green
scotus · 2001
1 sentence

2018App. 2000), cert. denied, 532 U.S. 944 (2001). 22 Even though the prosecutor’s comment did not directly impugn defense counsel but rather was more akin to a comment regarding Blue’s non-testimonial, courtroom demeanor—and largely because the trial court sustained the objection— we will assume that the prosecutor’s remark was an attempt by the prosecutor to strike at Blue over defense counsel’s shoulder or that at least the trial court understood the nature of Blue’s objection.

12018–2018
Ex Parte Blue green
texcrimapp · 2007
2 sentences

2015This Court went on to explain that the “language of Article 11.071, Section 5(a)(3) is broad enough on its face to accommodate an absolute constitutional prohibition against, as well as statutory ineligibility for, the death penalty.” Id. at 161 .

2015This Court held that, despite the availability of Blue’s claim when he filed his initial application: through Article 11.071, Section 5(a)(3), the Legislature has provided a mechanism whereby a subsequent habeas applicant may proceed with an Atkins claim if he is able to demonstrate to this Court that there is evidence that could reasonably show, to a level of confidence by clear and convincing evidence, that no rational finder of fact would fail to find he is mentally retarded. 5 Id. at 154 .

12015–2015
Saxton v. State green
texcrimapp · 1991
1 sentence

2012See Zuliani, 97 S.W.3d at 594-95 ; Saxton, 804 S.W.2d at 913-14 .

12012–2012
Penry v. Lynaugh red
scotus · 1989
2 sentences

2007PROC. art. 11.071, § 5(a)(3). [4] Id. [5] 851 S.W.2d 275 (Tex.Crim.App.1993). [6] Id. at 279-280. [7] Penry v. Lynaugh, 492 U.S. 302, 329-330 , 109 S.Ct. 2934 , 106 L.Ed.2d 256 (1989).

2007PROC. art. 11.071, § 5(a)(3). [4] Id. [5] 851 S.W.2d 275 (Tex.Crim.App.1993). [6] Id. at 279-280. [7] Penry v. Lynaugh, 492 U.S. 302, 329-330 , 109 S.Ct. 2934 , 106 L.Ed.2d 256 (1989).

12007–2007
Blue v. State green
texcrimapp · 2000
1 sentence

2007Id. at 132 .

12007–2007
Marin v. State red
texcrimapp · 1993
1 sentence

2007PROC. art. 11.071, § 5(a)(3). [4] Id. [5] 851 S.W.2d 275 (Tex.Crim.App.1993). [6] Id. at 279-280. [7] Penry v. Lynaugh, 492 U.S. 302, 329-330 , 109 S.Ct. 2934 , 106 L.Ed.2d 256 (1989).

12007–2007

Where else courts name it

TX 7 (2007–2018) KS 4 (2004–2024) NJ 2 (1979–1982)

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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