chosen standard (Texas) · Go Syfert
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chosen standard in Texas

6 Texas opinions name it 1 courts 2012–2023 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 (3)

CaseFollowedCited
In Re WINSHIPgreen
scotus · 1970 · cited in 3 Texas opinions naming this issue, 2015–2015
2 sentences

2015See, e.g., Addington v. Texas, 441 U.S. 418, 427, 433 (1979) (unanimous decision of participating Justices) (Fourteenth Amendment requires at least clear and convincing evidence in a civil proceeding brought under state law to commit an individual involuntarily for an indefinite period to a state mental hospital); In re Winship, 397 U.S. 358, 364 (1970) (Due Process Clause of the Fourteenth Amendment protects the accused in state proceeding against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged). [9] For this reas

2015See, e.g., Addington v. Texas, 441 U.S. 418, 427, 433 (1979) (unanimous decision of participating Justices) (Fourteenth Amendment requires at least clear and convincing evidence in a civil proceeding brought under state law to commit an individual involuntarily for an indefinite period to a state mental hospital); In re Winship, 397 U.S. 358, 364 (1970) (Due Process Clause of the Fourteenth Amendment protects the accused in state proceeding against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged). [9] For this reas

33
Addington v. Texasgreen
scotus · 1979 · cited in 3 Texas opinions naming this issue, 2015–2015
2 sentences

2015See, e.g., Addington v. Texas, 441 U.S. 418, 427, 433 (1979) (unanimous decision of participating Justices) (Fourteenth Amendment requires at least clear and convincing evidence in a civil proceeding brought under state law to commit an individual involuntarily for an indefinite period to a state mental hospital); In re Winship, 397 U.S. 358, 364 (1970) (Due Process Clause of the Fourteenth Amendment protects the accused in state proceeding against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged). [9] For this reas

2015See, e.g., Addington v. Texas, 441 U.S. 418, 427, 433 (1979) (unanimous decision of participating Justices) (Fourteenth Amendment requires at least clear and convincing evidence in a civil proceeding brought under state law to commit an individual involuntarily for an indefinite period to a state mental hospital); In re Winship, 397 U.S. 358, 364 (1970) (Due Process Clause of the Fourteenth Amendment protects the accused in state proceeding against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged). [9] For this reas

33
Pacheco v. Stategreen
texapp · 2011 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018“Searches justified by a valid warrant have a presumption of legality unless the opponent produces evidence rebutting the presumption of proper police conduct,” Pacheco v. State, 347 S.W.3d 849, 855 (Tex. App.—Fort Worth 2011, no pet.), and “the reasonableness of the manner in which a DWI suspect’s blood is drawn should be assayed on an objective, case-by-case basis in light of the totality of the circumstances surrounding the draw” regardless of whether “a blood draw is conducted pursuant to a warrant or not.” Johnston, 336 S.W.3d at 661 ; see Gray, 2017 WL 2729672 , at *2.

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
In re John W green
nyappdiv · 1978
2 sentences

2015As the dissent properly concedes, however, the Court must examine a State's chosen standard to determine whether it satisfies "the constitutional minimum of `fundamental fairness.'" Ibid.

2015As the dissent properly concedes, however, the Court must examine a State's chosen standard to determine whether it satisfies "the constitutional minimum of `fundamental fairness.'" Ibid.

32015–2015
State v. Johnston green
texcrimapp · 2011
2 sentences

2018“Searches justified by a valid warrant have a presumption of legality unless the opponent produces evidence rebutting the presumption of proper police conduct,” Pacheco v. State, 347 S.W.3d 849, 855 (Tex. App.—Fort Worth 2011, no pet.), and “the reasonableness of the manner in which a DWI suspect’s blood is drawn should be assayed on an objective, case-by-case basis in light of the totality of the circumstances surrounding the draw” regardless of whether “a blood draw is conducted pursuant to a warrant or not.” Johnston, 336 S.W.3d at 661 ; see Gray, 2017 WL 2729672 , at *2.

2012Johnston, 336 S.W.3d at 658 .

22012–2018
Entergy Gulf States, Inc. v. Summers green
tex · 2009
1 sentence

2023Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 , 10 443 (Tex. 2009).

12023–2023

Statutes the citing opinions construe

TX § Tex. Educ. Code § 25.085 (3) TX § Tex. Fam. Code § 107.103 (3) TX § Tex. Fam. Code § 109.002 (3) TX § Tex. Fam. Code § 153.001 (3) TX § Tex. Fam. Code § 161.206 (3) TX § Tex. Fam. Code § 161.207 (3) TX § Tex. Fam. Code § 261.101 (3) TX § Tex. Fam. Code § 262.105 (3) TX § Tex. Fam. Code § 262.112 (3) TX § Tex. Fam. Code § 263.401 (3) TX § Tex. Fam. Code § 51.11 (3) TX § Tex. Water Code § 11.086 (3)

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.

Where else courts name it

CA 19 (1966–2023) IN 16 (2012–2020) NY 10 (1990–2024) TX 6 (2012–2023) AZ 6 (1977–2023) KS 6 (2009–2024) WI 5 (1992–2025) WA 5 (2013–2019) CO 4 (2010–2016) MI 4 (1971–2023) VA 3 (1994–2018) MT 3 (2020–2021) GA 3 (2014–2022) TN 3 (2014–2026) AL 3 (2005–2014) NJ 3 (1998–2009) PA 2 (2009–2020)

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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