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45 Texas opinions name it 4 courts 1928–2023 2 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.
| Case | Followed | Cited |
|---|---|---|
Knowles v. City of Granburygreen2 sentences2011See 953 S.W.2d at 24 . 2011See 953 S.W.2d at 24 . | 3 | 3 |
State of Texas v. Thomas, Jeremygreen2 sentences2015Recently, in State v. Thomas, this Court reaffirmed the principle that “[tjhere must be some legal basis underpinning the grant of a new trial,” and a trial court may not grant a new trial for a “non-legal or a legally invalid reason.” See State v. Thomas, 428 S.W.3d 99, 104, 105, 107 (Tex.Crim.App.2014) (holding that “motion for a new trial, whether for guilt or punishment, requires a valid legal claim”; a court cannot grant a new trial “unless the defendant shows that he is entitled to one under the law”) (citations omitted); see also Tex.R.App. 2015Recently, in State v. Thomas, this Court reaffirmed the principle that “[t]here must be some legal basis underpinning the grant of a new trial,” and a trial court may not grant a new trial for a “non-legal or a legally invalid reason.” See State v. Thomas, 428 S.W.3d 99, 104, 105, 107 (Tex. Crim. | 2 | 2 |
Gonzalez v. Razigreen1 sentence2021In more recent cases, this Court has noted that although a trial court errs in including findings of fact in its judgment, findings of fact in a judgment are accorded probative value “so long as they are not in conflict with findings recited in a separate document.” Gonzalez v. Razi, 338 S.W.3d 167, 175 (Tex. App.—Houston [1st Dist.] 2011, pet. denied) (internal quotation omitted); see also James J. | 1 | 1 |
Dallas Merchant's & Concessionaire's Ass'n v. City of Dallasgreen1 sentence1998Id. at 552 . *690 In Dallas Merchant’s v. City of Dallas, 852 S.W.2d 489, 491 (Tex.1993), the Court reaffirmed the rule that an ordinance of a home rule city that attempts to regulate a subject matter preempted by state statute is unenforceable to the extent it conflicts with the state statute. | 1 | 1 |
Duhart v. Stategreen1 sentence1996The Supreme Court of Texas discussed sovereign immunity in Duhart v. State, 610 S.W.2d 740 at 741-742 (Tex.1980): In Lowe v. Texas Tech University, 540 S.W.2d 297 (Tex.1976), this Court reaffirmed the rule that the State is not liable for torts of its officers or agents in the absence of a constitutional or statutory provi *188 sion therefor. | 1 | 1 |
Phillips v. Stategreen1 sentence1991The Court reaffirmed this rule in Phillips v. State, 701 S.W.2d 875, 894 (Tex.Crim.App.1985). | 1 | 1 |
Ex Parte Hughesgreen2 sentences1990See also Ex parte Hughes, 728 S.W.2d 372 (Tex.Cr.App.1987). 1990See also Ex parte Hughes, 728 S.W.2d 372 (Tex.Cr.App.1987). | 1 | 1 |
| Harris v. Rowegreen | 1 | 1 |
| Texas National Corp. v. United Systems International, Inc.green | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lowe v. Texas Tech University
green
2 sentences1996The Supreme Court of Texas discussed sovereign immunity in Duhart v. State, 610 S.W.2d 740 at 741-742 (Tex.1980): In Lowe v. Texas Tech University, 540 S.W.2d 297 (Tex.1976), this Court reaffirmed the rule that the State is not liable for torts of its officers or agents in the absence of a constitutional or statutory provi *188 sion therefor. 1980In Lowe v. Texas Tech University, 540 S.W.2d 297 (Tex.1976), this Court reaffirmed the rule that the State is not liable for torts of its officers or agents in the absence of a constitutional or statutory provision therefor. | 2 | 1980–1996 |
DeGarmo v. State
red
2 sentences1995Id., 691 S.W.2d at 661 . [3] The Court reaffirmed the doctrine of waiver and overruled DeGarmo's challenge to the sufficiency of the evidence. 1995Id., 691 S.W.2d at 661 . [3] The Court reaffirmed the doctrine of waiver and overruled DeGarmo's challenge to the sufficiency of the evidence. | 2 | 1995–1995 |
Henderson v. Kibbe
green
2 sentences1978The court reaffirmed that rule in Henderson v. Kibbe, 431 U.S. 145 , 97 S.Ct. 1730 , 52 L.Ed.2d 203 (1977). 1978The court reaffirmed that rule in Henderson v. Kibbe, 431 U.S. 145 , 97 S.Ct. 1730 , 52 L.Ed.2d 203 (1977). | 2 | 1978–1978 |
Texas Department of Human Services v. Hinds
green
1 sentence2023Hinds, 904 S.W.2d at 636 ). | 1 | 2023–2023 |
Guridi v. Waller
green
1 sentence2021Later, in Guridi, this Court reaffirmed the rule in Frommer that “findings of fact and conclusions of law shall not be recited in a judgment,” and held that because the judgment there “improperly recited the fraud findings . . . [t]he separately-filed findings of fact control.” Guridi, 98 S.W.3d at 317 . | 1 | 2021–2021 |
In Re Allstate County Mutual Insurance Co.
green
1 sentence2019We conclude that the failure to order the appraisals will vitiate or severely compromise the defendants’ defenses to those claims.” Id. | 1 | 2019–2019 |
Jose L. Elizondo and Guillermina Elizondo v. Ronald D. Krist, the Krist Law Firm, P.C., Kevin D. Krist, and William T. Wells
green
1 sentence2015In Whirlpool, the Court relied both on Pollock - in which it held 335 Elizondo, 415 S.W.3d at 265 . 336 The Robinson factors (which we generally refer to as the Daubert factors except in this subsection) are discussed in detail as part of ″methodological reliability″ below. | 1 | 2015–2015 |
Merrell Dow Pharmaceuticals, Inc. v. Havner
green
1 sentence2007Relying on its Havner decision, the court reaffirmed the principle that “epidemiological studies are without evidentiary significance if the injured person cannot show that ‘the exposure or dose levels were comparable to or greater than those in the studies.’” Id. (quoting Havner , 953 S.W.2d at 720–21). | 1 | 2007–2007 |
Borg-Warner Corp. v. Flores
green
1 sentence2007Relying on its Hamer decision, the court reaffirmed the principle that “epidemiological studies are without evidentiary significance if the injured person cannot show that ‘the exposure or dose levels were comparable to or greater than those in the studies.’ ” Id. (quoting Hamer, 953 S.W.2d at 720-21). | 1 | 2007–2007 |
Weaver v. Keen
green
2 sentences2003The court reaffirmed its analysis in a subsequent opinion denying rehearing after the Supreme Court issued Egelhoff , stating that “our conclusion that federal law controls is supported by Egelhoff.” 43 S.W.3d at 544-46 . 2003The court reaffirmed its analysis in a subsequent opinion denying rehearing after the Supreme Court issued Egelhoff , stating that "our conclusion that federal law controls is supported by Egelhoff ." 43 S.W.3d at 544-46 . | 1 | 2003–2003 |
Andresen v. Maryland
green
2 sentences2001The Fifth Amendment theory has not withstood critical analysis or the test of time, see Andresen v. Maryland, 427 U.S. 463 , 96 S.Ct. 2737 , 49 L.Ed.2d 627 (1976), and the Fourth Amendment, “has never been interpreted to proscribe the introduction of illegally seized evidence in all proceedings or against all persons.” Stone v. Powell, 428 U.S. 465, 486 , 96 S.Ct. 3037 , 49 L.Ed.2d 1067 (1976). 30 Finally, the Court clearly reaffirmed this principle most recently in Pennsylvania Board of Probation and Parole v. Scott, 31 which held that the exclusionary rule did not apply to probation revocati 2001The Fifth Amendment theory has not withstood critical analysis or the test of time, see Andresen v. Maryland, 427 U.S. 463 , 96 S.Ct. 2737 , 49 L.Ed.2d 627 (1976), and the Fourth Amendment, “has never been interpreted to proscribe the introduction of illegally seized evidence in all proceedings or against all persons.” Stone v. Powell, 428 U.S. 465, 486 , 96 S.Ct. 3037 , 49 L.Ed.2d 1067 (1976). 30 Finally, the Court clearly reaffirmed this principle most recently in Pennsylvania Board of Probation and Parole v. Scott, 31 which held that the exclusionary rule did not apply to probation revocati | 1 | 2001–2001 |
Stone v. Powell
green
2 sentences2001The Fifth Amendment theory has not withstood critical analysis or the test of time, see Andresen v. Maryland, 427 U.S. 463 , 96 S.Ct. 2737 , 49 L.Ed.2d 627 (1976), and the Fourth Amendment, “has never been interpreted to proscribe the introduction of illegally seized evidence in all proceedings or against all persons.” Stone v. Powell, 428 U.S. 465, 486 , 96 S.Ct. 3037 , 49 L.Ed.2d 1067 (1976). 30 Finally, the Court clearly reaffirmed this principle most recently in Pennsylvania Board of Probation and Parole v. Scott, 31 which held that the exclusionary rule did not apply to probation revocati 2001The Fifth Amendment theory has not withstood critical analysis or the test of time, see Andresen v. Maryland, 427 U.S. 463 , 96 S.Ct. 2737 , 49 L.Ed.2d 627 (1976), and the Fourth Amendment, “has never been interpreted to proscribe the introduction of illegally seized evidence in all proceedings or against all persons.” Stone v. Powell, 428 U.S. 465, 486 , 96 S.Ct. 3037 , 49 L.Ed.2d 1067 (1976). 30 Finally, the Court clearly reaffirmed this principle most recently in Pennsylvania Board of Probation and Parole v. Scott, 31 which held that the exclusionary rule did not apply to probation revocati | 1 | 2001–2001 |
Nenno v. State
green
2 sentences1999The Court reaffirmed the requirement of reliability which it previously set out in Kelly v. State, 824 S.W.2d 568 (Tex.Crim.App.1992), but stated the requirement would be applied with "less rigor." Nenno, 970 S.W.2d at 561 . 1999The Court reaffirmed the requirement of reliability which it previously set out in Kelly v. State, 824 S.W.2d 568 (Tex.Crim.App.1992), but stated the requirement would be applied with “less rigor.” Nenno, 970 S.W.2d at 561 . | 1 | 1999–1999 |
Kelly v. State
green
2 sentences1999The Court reaffirmed the requirement of reliability which it previously set out in Kelly v. State, 824 S.W.2d 568 (Tex.Crim.App.1992), but stated the requirement would be applied with "less rigor." Nenno, 970 S.W.2d at 561 . 1999The Court reaffirmed the requirement of reliability which it previously set out in Kelly v. State, 824 S.W.2d 568 (Tex.Crim.App.1992), but stated the requirement would be applied with “less rigor.” Nenno, 970 S.W.2d at 561 . | 1 | 1999–1999 |
Texas Instruments, Inc. v. Teletron Energy Management, Inc.
green
2 sentences1998Indeed, just over three years ago, this Court reaffirmed the rule that the "reasonable certainty" requirement for proof of lost profits "is intended to be flexible enough to accommodate the myriad circumstances in which claims of lost profits arise." Texas Instruments, 877 S.W.2d at 279 . 1998Indeed, just over three years ago, this Court reaffirmed the rule that the “reasonable certainty” requirement for proof of lost profits “is intended to be flexible enough to accommodate the myriad circumstances in which claims of lost profits arise.” Texas Instruments, 877 S.W.2d at 279 . | 1 | 1998–1998 |
City of Sweetwater v. Geron
green
1 sentence1998Id. at 552 . *690 In Dallas Merchant’s v. City of Dallas, 852 S.W.2d 489, 491 (Tex.1993), the Court reaffirmed the rule that an ordinance of a home rule city that attempts to regulate a subject matter preempted by state statute is unenforceable to the extent it conflicts with the state statute. | 1 | 1998–1998 |
McGlothlin v. State
green
1 sentence1996Recently in McGlothlin v. State, 896 S.W.2d 183 (Tex.Crim.App.1995), the court reaffirmed the rule, stating: The DeGarmo doctrine has been described as a “common-sense rule of procedure” because “the function of trial is to sift out the truth from a mass of contradictory evidence.” Stated another way, “The basic purpose of a trial is the determination of truth.” When the defendant testifies and judicially confesses to the charged offense, the purpose of the trial process has been served — the truth has been determined and the purpose of the guilt/innocence phase of the trial has been satisfied | 1 | 1996–1996 |
Herbert v. State
green
1 sentence1993Second, appellant attacks the constitutionality of this rule relying on Herbert v. State, 827 S.W.2d 507 (Tex.App.—Houston [1st Dist.] 1992, no pet’n). | 1 | 1993–1993 |
Combs v. State
green
2 sentences1991Thereafter, albeit for somewhat different purposes, in Combs v. State, 643 S.W.2d 709 (Tex.Cr.App.1982), quoting and relying on Banks v. State, supra, the Court reaffirmed that rule, viz: "Sufficiency of the evidence as determined by this Court is a question of law.... 1991Thereafter, albeit for somewhat different purposes, in Combs v. State, 643 S.W.2d 709 (Tex.Cr.App.1982), quoting and relying on Banks v. State, supra, the Court reaffirmed that rule, viz: “Sufficiency of the evidence as determined by this Court is a question of law.... | 1 | 1991–1991 |
Adams v. Texas
green
2 sentences1990In reversing Roeder’s conviction, this Court reaffirmed the principle that a prospective juror is not excluda-ble for cause under Adams v. Texas, 448 U.S. 38 , 100 S.Ct. 2521 , 65 L.Ed.2d 581 (1980), merely because the death penalty would affect or influence his or her deliberations. 1990In reversing Roeder’s conviction, this Court reaffirmed the principle that a prospective juror is not excluda-ble for cause under Adams v. Texas, 448 U.S. 38 , 100 S.Ct. 2521 , 65 L.Ed.2d 581 (1980), merely because the death penalty would affect or influence his or her deliberations. | 1 | 1990–1990 |
Drake v. State
green
2 sentences1988This Court reaffirmed the rule set out in Drake, supra, that regardless of the number of allegations in a charging instrument, the State may obtain only one conviction and one sentence thereon, except in cases concerning the repeated commission of one property offense listed in Chapter 7 of the Penal Code. 1988This Court reaffirmed the rule set out in Drake, supra, that regardless of the number of allegations in a charging instrument, the State may obtain only one conviction and one sentence thereon, except in cases concerning the repeated commission of one property offense listed in Chapter 7 of the Penal Code. | 1 | 1988–1988 |
City of Akron v. Akron Center for Reproductive Health, Inc.
red
1 sentence1987City of Akron v. Akron Center for Reproductive Health, Inc., 462 U.S. 416 (1983). | 1 | 1987–1987 |
| Clark v. State green | 1 | 1982–1982 |
| Gorman v. State green | 1 | 1982–1982 |
| Coleman v. State green | 1 | 1982–1982 |
Ferguson v. State
green
1 sentence1982The Dallas Court of Appeals then reversed the conviction, relying on Ferguson, supra, on the grounds that “the term ‘appropriate’ goes to an act or omission of the accused and the trial court erred in failing to grant appellant’s motion to quash the indictment.” In upholding the Court of Appeal’s reversal of the conviction this Court stated: “... if a word or term in a charging instrument goes to an act or omission of the defendant, and the defendant files and presents to the trial court a motion to quash, the word or term, even though statutorily defined, must be further clarified by the Stat | 1 | 1982–1982 |
| Martinez v. State green | 1 | 1980–1980 |
| Scott v. State green | 1 | 1980–1980 |
| Thigpen v. Locke green | 1 | 1978–1978 |
| Southwestern Fire & Casualty Company v. Larue green | 1 | 1977–1977 |
| Sapet v. State green | 1 | 1974–1974 |
| Johnson v. State green | 1 | 1974–1974 |
| United States v. Matlock green | 1 | 1974–1974 |
| Gilmore v. State green | 1 | 1974–1974 |
| Posey v. State neutral | 1 | 1974–1974 |
| Chapman v. State green | 1 | 1974–1974 |
| Schneckloth v. Bustamonte green | 1 | 1974–1974 |
| Stevens v. State green | 1 | 1974–1974 |
| Anderson v. State neutral | 1 | 1974–1974 |
| Bentley v. Wright green | 1 | 1971–1971 |
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.