remoteness doctrine (Texas) · Go Syfert
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remoteness doctrine in Texas

6 Texas opinions name it 2 courts 1959–2014 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 (4)

CaseFollowedCited
Barnett v. Stategreen
texapp · 1993 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002Evid. 609(b); see also Saldivar v. State , 980 S.W.2d 475, 504 (Tex. App.-Houston [14th Dist.] 1998, pet. ref'd) (convictions introduced at punishment phase are not subject to remoteness limitations contained in Rule 609(b)); Barnett v. State , 847 S.W.2d 678, 679-80 (Tex. App.-Texarkana 1993, no pet.) (same).

11
Hernandez v. Stategreen
texcrimapp · 1998 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002See Hernandez v. State , 976 S.W.2d 753, 755 (Tex. App.-Houston [1st Dist.] 1998), pet. ref'd , 980 S.W.2d 652 (Tex. Crim.

11
Saldivar v. Stategreen
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002Evid. 609(b); see also Saldivar v. State , 980 S.W.2d 475, 504 (Tex. App.-Houston [14th Dist.] 1998, pet. ref'd) (convictions introduced at punishment phase are not subject to remoteness limitations contained in Rule 609(b)); Barnett v. State , 847 S.W.2d 678, 679-80 (Tex. App.-Texarkana 1993, no pet.) (same).

11
Hernandez v. Stategreen
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002See Hernandez v. State , 976 S.W.2d 753, 755 (Tex. App.-Houston [1st Dist.] 1998), pet. ref'd , 980 S.W.2d 652 (Tex. Crim.

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 (9)

CaseCitedYears
City of Houston v. Morris green
texapp · 2000
1 sentence

2014Morris, 23 S.W.3d at 509-10 .

12014–2014
Bustillos v. State green
texcrimapp · 1971
1 sentence

1982Bustillos, supra; Dillard, supra. Davis v. State, supra, at 150.

11982–1982
Milligan v. State green
texcrimapp · 1977
2 sentences

1979While these convictions may have been inadmissible individually under the doctrine of remoteness, they were without question admissible collectively to show a lack of reformation. 3 Watkins v. State, 572 S.W.2d 339 (Tex.Cr.App.1978); Milligan v. State, 554 S.W.2d 192 (Tex.Cr.App.1977).

1979While these convictions may have been inadmissible individually under the doctrine of remoteness, they were without question admissible collectively to show a lack of reformation. [3] Watkins v. State, 572 S.W.2d 339 (Tex.Cr.App.1978); Milligan v. State, 554 S.W.2d 192 (Tex.Cr.

11979–1979
Watkins v. State green
texcrimapp · 1978
2 sentences

1979While these convictions may have been inadmissible individually under the doctrine of remoteness, they were without question admissible collectively to show a lack of reformation. 3 Watkins v. State, 572 S.W.2d 339 (Tex.Cr.App.1978); Milligan v. State, 554 S.W.2d 192 (Tex.Cr.App.1977).

1979While these convictions may have been inadmissible individually under the doctrine of remoteness, they were without question admissible collectively to show a lack of reformation. [3] Watkins v. State, 572 S.W.2d 339 (Tex.Cr.App.1978); Milligan v. State, 554 S.W.2d 192 (Tex.Cr.

11979–1979
Landry v. Travelers Insurance Company green
tex · 1970
1 sentence

1974The Supreme Court stated the rule in Landry v. Travelers Insurance Company, 458 S.W.2d 649 (Tex.1970) as follows: “The . . . conviction must not be too remote; that is, the conviction must have been ‘sufficiently recent in time to have some bearing on the present credibility of the witness.’ ***** ‘From a review of both civil and criminal cases it would appear that civil courts have generally held that such a matter depends upon circumstances presented and that the question should usually be left to the discretion of the trial judge.

11974–1974
Carr v. DeWitt neutral
texapp · 1943
1 sentence

1959In the case of Carr v. De Witt, Tex.Civ.App., 171 S.W.2d 388, 390 , the court stated: “Some authorities hold that ten or more years subsequent to a conviction is sufficient time to make the question too remote. 45 Tex.Jur. 111, 112, par. 250, and Linz v. Skinner, 11 Tex.Civ.App. 512 , 32 S.W. 915 .” In the case of Bernard’s, Inc., v. Austin, 300 S.W. 256 , writ refused, the Dallas Court of Civil Appeals held that the time of confinement in the penitentiary could be taken into account as a portion of the period of time required to create the presumption of reformation on which rests the rule of

11959–1959
Joseph Linz & Bro. v. Skinner neutral
texapp · 1895
1 sentence

1959In the case of Carr v. De Witt, Tex.Civ.App., 171 S.W.2d 388, 390 , the court stated: “Some authorities hold that ten or more years subsequent to a conviction is sufficient time to make the question too remote. 45 Tex.Jur. 111, 112, par. 250, and Linz v. Skinner, 11 Tex.Civ.App. 512 , 32 S.W. 915 .” In the case of Bernard’s, Inc., v. Austin, 300 S.W. 256 , writ refused, the Dallas Court of Civil Appeals held that the time of confinement in the penitentiary could be taken into account as a portion of the period of time required to create the presumption of reformation on which rests the rule of

11959–1959
Bernard's, Inc. v. Austin neutral
texapp · 1927
2 sentences

1959App. 512, 32 S.W. 915 ." In the case of Bernard's, Inc., v. Austin, 300 S.W. 256 , writ refused, the Dallas Court of Civil Appeals held that the time of confinement in the penitentiary could be taken into account as a portion of the period of time required to create the presumption of reformation on which rests the rule of evidence knows as the "doctrine of remoteness." We have not found, nor have we been cited to, any Texas case which holds that the date from which the computation is made should be that of the date of the commission of the offense rather than the date of the conviction or dat

1959In the case of Carr v. De Witt, Tex.Civ.App., 171 S.W.2d 388, 390 , the court stated: “Some authorities hold that ten or more years subsequent to a conviction is sufficient time to make the question too remote. 45 Tex.Jur. 111, 112, par. 250, and Linz v. Skinner, 11 Tex.Civ.App. 512 , 32 S.W. 915 .” In the case of Bernard’s, Inc., v. Austin, 300 S.W. 256 , writ refused, the Dallas Court of Civil Appeals held that the time of confinement in the penitentiary could be taken into account as a portion of the period of time required to create the presumption of reformation on which rests the rule of

11959–1959
Illies Hildebrand v. Frerichs neutral
texapp · 1895
2 sentences

1959App. 512, 32 S.W. 915 ." In the case of Bernard's, Inc., v. Austin, 300 S.W. 256 , writ refused, the Dallas Court of Civil Appeals held that the time of confinement in the penitentiary could be taken into account as a portion of the period of time required to create the presumption of reformation on which rests the rule of evidence knows as the "doctrine of remoteness." We have not found, nor have we been cited to, any Texas case which holds that the date from which the computation is made should be that of the date of the commission of the offense rather than the date of the conviction or dat

1959In the case of Carr v. De Witt, Tex.Civ.App., 171 S.W.2d 388, 390 , the court stated: “Some authorities hold that ten or more years subsequent to a conviction is sufficient time to make the question too remote. 45 Tex.Jur. 111, 112, par. 250, and Linz v. Skinner, 11 Tex.Civ.App. 512 , 32 S.W. 915 .” In the case of Bernard’s, Inc., v. Austin, 300 S.W. 256 , writ refused, the Dallas Court of Civil Appeals held that the time of confinement in the penitentiary could be taken into account as a portion of the period of time required to create the presumption of reformation on which rests the rule of

11959–1959

Where else courts name it

PA 17 (1977–2023) IL 12 (1991–2024) TX 6 (1959–2014) CA 5 (1983–2021) CT 5 (2002–2011) MT 3 (1982–2026) IA 3 (1998–2007) NY 3 (2004–2009) NJ 2 (2008–2008) MS 2 (1965–2012) NM 2 (1988–1996)

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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