disagreed analysis (Texas) · Go Syfert
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disagreed analysis in Texas

6 Texas opinions name it 3 courts 2006–2022 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 (5)

CaseFollowedCited
Leming v. Stategreen
texcrimapp · 2016 · cited in 1 Texas opinions naming this issue, 2022–2022
2 sentences

2022See Leming, 493 S.W.3d at 568 (Keasler, J. dissenting); see also Leming, 493 S.W.3d at 573 (Newell, J. dissenting) (“I join Judge Keasler’s dissenting opinion on the issue of the statutory construction of Section 545.060(a) of the Transportation Code because I, too, do not read “and” to mean “or.”).

2022See Leming, 493 S.W.3d at 568 (Keasler, J. dissenting); see also Leming, 493 S.W.3d at 573 (Newell, J. dissenting) (“I join Judge Keasler’s dissenting opinion on the issue of the statutory construction of Section 545.060(a) of the Transportation Code because I, too, do not read “and” to mean “or.”).

11
Oursbourn v. Stategreen
texcrimapp · 2008 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See id. art. 38.22, § 5.

11
Carriere v. Stategreen
texapp · 2002 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008However, in Ochoa v. State, 119 S.W.3d 825, 829 (Tex.App.-San Antonio 2003, no pet.), this court disagreed with the analysis of both Rodriguez and Phillips and instead adopted the rationale by the First Court of Appeals in Carriere v. State, 84 S.W.3d 753, 759 (Tex.App.-Houston [1st Dist.] 2002, pet. ref d), which held that the language at issue did not constitute a definition of reasonable doubt and therefore did not violate Paulson .

11
Ochoa v. Stategreen
texapp · 2003 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008However, in Ochoa v. State, 119 S.W.3d 825, 829 (Tex.App.-San Antonio 2003, no pet.), this court disagreed with the analysis of both Rodriguez and Phillips and instead adopted the rationale by the First Court of Appeals in Carriere v. State, 84 S.W.3d 753, 759 (Tex.App.-Houston [1st Dist.] 2002, pet. ref d), which held that the language at issue did not constitute a definition of reasonable doubt and therefore did not violate Paulson .

11
Standefer v. Stategreen
texcrimapp · 2001 · cited in 1 Texas opinions naming this issue, 2006–2006
2 sentences

2006Four members of the court disagreed with the analysis, complaining that “[t]he majority’s attempt to clarify what constitutes a commitment question simply muddies the issue more by attempting to create a bright-line standard.” Standefer, 59 S.W.3d at 186 (Johnson, J. dissenting).

2006Four members of the court disagreed with the analysis, complaining that "[t]he majority's attempt to clarify what constitutes a commitment question simply muddies the issue more by attempting to create a bright-line standard." Standefer, 59 S.W.3d at 186 (Johnson, J. dissenting).

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 (1)

CaseCitedYears
Childs v. Haussecker green
tex · 1998
2 sentences

2010Id. at 44-45 .

2010Id. at 44–45.

22010–2010

Where else courts name it

TX 6 (2006–2022) IL 6 (1942–2023) FL 3 (2000–2014) CA 3 (2016–2022) IN 2 (2007–2015) PA 2 (2003–2022)

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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