Burke standard (Texas) · Go Syfert
← Texas issues

Burke standard in Texas

6 Texas opinions name it 3 courts 1986–2025 1 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
Texas Water Commission v. Customers of Combined Water Systems, Inc.green
texapp · 1992 · cited in 1 Texas opinions naming this issue, 2000–2000
2 sentences

2000See Morgan v. Employees Retirement Sys. of Texas , 872 S.W.2d 819, 822 (Tex. App.--Austin 1994, no writ); see also Texas Water Comm'n v. Customers of Combined Water Sys., Inc. , 843 S.W.2d 678, 682 (Tex. App.--Austin 1992, no writ).

2000See Morgan v. Employees Retirement Sys. of Texas , 872 S.W.2d 819, 822 (Tex. App.--Austin 1994, no writ); see also Texas Water Comm'n v. Customers of Combined Water Sys., Inc. , 843 S.W.2d 678, 682 (Tex. App.--Austin 1992, no writ).

11
Morgan v. Employees' Retirement Systemgreen
texapp · 1994 · cited in 1 Texas opinions naming this issue, 2000–2000
2 sentences

2000See Morgan v. Employees Retirement Sys. of Texas , 872 S.W.2d 819, 822 (Tex. App.--Austin 1994, no writ); see also Texas Water Comm'n v. Customers of Combined Water Sys., Inc. , 843 S.W.2d 678, 682 (Tex. App.--Austin 1992, no writ).

2000See Morgan v. Employees Retirement Sys. of Texas , 872 S.W.2d 819, 822 (Tex. App.--Austin 1994, no writ); see also Texas Water Comm'n v. Customers of Combined Water Sys., Inc. , 843 S.W.2d 678, 682 (Tex. App.--Austin 1992, no writ).

11
Harris v. Stategreen
texcrimapp · 1989 · cited in 1 Texas opinions naming this issue, 1990–1990
2 sentences

1990In the instant case, the Court of Appeals has yet to analyze the error in terms of Rule 81(b)(2) and our recent decision in Harris v. State, 790 S.W.2d 568 (Tex.Cr.App.1989).

1990In the instant case, the Court of Appeals has yet to analyze the error in terms of Rule 81(b)(2) and our recent decision in Harris v. State, 790 S.W.2d 568 (Tex.Cr.App.1989).

11
Central Education Agency v. Burkegreen
tex · 1986 · cited in 1 Texas opinions naming this issue, 1987–1987
1 sentence

1987Central Education Agency v. Burke, 711 S.W.2d 7, 9 (Tex.1986).

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 (4)

CaseCitedYears
Burke v. Central Education Agency green
texapp · 1987
2 sentences

2025Id.

2025Id.

12025–2025
Burke v. State green
texapp · 2002
2 sentences

2019Id.

2019Id. at 95 .

12019–2019
Burke v. State green
texcrimapp · 1983
2 sentences

1990In doing so the appeals court applied the “manifestly improper, harmful and prejudicial” test found in Burke, supra. Granting the appellant’s petition for discretionary review, we found the appeals court had erred in applying the Burke standard and concluded the error to be “trial error” subject to the standard of review under Rule 81(b)(2). 5 Because the Court of Appeals did not have the opportunity to apply the correct standard of review in the case, we remanded the cause to that court for further review.

1990In doing so the appeals court applied the “manifestly improper, harmful and prejudicial” test found in Burke, supra. Granting the appellant’s petition for discretionary review, we found the appeals court had erred in applying the Burke standard and concluded the error to be “trial error” subject to the standard of review under Rule 81(b)(2). 5 Because the Court of Appeals did not have the opportunity to apply the correct standard of review in the case, we remanded the cause to that court for further review.

11990–1990
Suburban Utility Corp. v. Public Utility Commission green
tex · 1983
1 sentence

1986In reply, Burke argued only that his motion was sufficiently specific under the standard set forth in our opinion in Suburban Utility Corporation v. Public Utility Commission, 652 S.W.2d 358 (Tex.1983).

11986–1986

Where else courts name it

OH 7 (2002–2020) TX 6 (1986–2025) CA 5 (1951–2010) MI 5 (1977–1994) NY 5 (2007–2021) GA 5 (2005–2025) IL 4 (1975–2019) RI 4 (1988–2011) PA 4 (2015–2026) MA 3 (1991–2008) ND 3 (2000–2012) WA 3 (2009–2017) WI 3 (1993–2020) NJ 2 (1989–2026) IN 2 (1999–2026) FL 2 (1994–2008) ID 2 (2025–2025)

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.

← Caselaw search · G Cite Topics · Brief Check