reaffirmed rule (Texas) · Go Syfert
← Texas issues

reaffirmed rule in Texas

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.

Followed or applied (9)

CaseFollowedCited
Knowles v. City of Granburygreen
texapp · 1997 · cited in 3 Texas opinions naming this issue, 2011–2011
2 sentences

2011See 953 S.W.2d at 24 .

2011See 953 S.W.2d at 24 .

33
State of Texas v. Thomas, Jeremygreen
texcrimapp · 2014 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015Recently, 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.

22
Gonzalez v. Razigreen
texapp · 2011 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021In 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.

11
Dallas Merchant's & Concessionaire's Ass'n v. City of Dallasgreen
tex · 1993 · cited in 1 Texas opinions naming this issue, 1998–1998
1 sentence

1998Id. 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.

11
Duhart v. Stategreen
tex · 1980 · cited in 1 Texas opinions naming this issue, 1996–1996
1 sentence

1996The 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.

11
Phillips v. Stategreen
texcrimapp · 1985 · cited in 1 Texas opinions naming this issue, 1991–1991
1 sentence

1991The Court reaffirmed this rule in Phillips v. State, 701 S.W.2d 875, 894 (Tex.Crim.App.1985).

11
Ex Parte Hughesgreen
texcrimapp · 1987 · cited in 1 Texas opinions naming this issue, 1990–1990
2 sentences

1990See 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).

11
Harris v. Rowegreen
tex · 1979 · cited in 1 Texas opinions naming this issue, 1980–1980
11
Texas National Corp. v. United Systems International, Inc.green
tex · 1973 · cited in 1 Texas opinions naming this issue, 1977–1977
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 (52)

CaseCitedYears
Lowe v. Texas Tech University green
tex · 1976
2 sentences

1996The 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.

21980–1996
DeGarmo v. State red
texcrimapp · 1985
2 sentences

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.

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.

21995–1995
Henderson v. Kibbe green
scotus · 1977
2 sentences

1978The 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).

21978–1978
Texas Department of Human Services v. Hinds green
tex · 1995
1 sentence

2023Hinds, 904 S.W.2d at 636 ).

12023–2023
Guridi v. Waller green
texapp · 2003
1 sentence

2021Later, 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 .

12021–2021
In Re Allstate County Mutual Insurance Co. green
tex · 2002
1 sentence

2019We conclude that the failure to order the appraisals will vitiate or severely compromise the defendants’ defenses to those claims.” Id.

12019–2019
Jose L. Elizondo and Guillermina Elizondo v. Ronald D. Krist, the Krist Law Firm, P.C., Kevin D. Krist, and William T. Wells green
tex · 2013
1 sentence

2015In 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.

12015–2015
Merrell Dow Pharmaceuticals, Inc. v. Havner green
tex · 1997
1 sentence

2007Relying 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).

12007–2007
Borg-Warner Corp. v. Flores green
tex · 2007
1 sentence

2007Relying 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).

12007–2007
Weaver v. Keen green
texapp · 2001
2 sentences

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 .

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 .

12003–2003
Andresen v. Maryland green
scotus · 1976
2 sentences

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

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

12001–2001
Stone v. Powell green
scotus · 1976
2 sentences

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

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

12001–2001
Nenno v. State green
texcrimapp · 1998
2 sentences

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 .

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 .

11999–1999
Kelly v. State green
texcrimapp · 1992
2 sentences

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 .

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 .

11999–1999
Texas Instruments, Inc. v. Teletron Energy Management, Inc. green
tex · 1994
2 sentences

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 .

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 .

11998–1998
City of Sweetwater v. Geron green
tex · 1964
1 sentence

1998Id. 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.

11998–1998
McGlothlin v. State green
texcrimapp · 1995
1 sentence

1996Recently 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

11996–1996
Herbert v. State green
texapp · 1992
1 sentence

1993Second, 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).

11993–1993
Combs v. State green
texcrimapp · 1982
2 sentences

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....

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....

11991–1991
Adams v. Texas green
scotus · 1980
2 sentences

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.

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.

11990–1990
Drake v. State green
texcrimapp · 1985
2 sentences

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.

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.

11988–1988
City of Akron v. Akron Center for Reproductive Health, Inc. red
scotus · 1983
1 sentence

1987City of Akron v. Akron Center for Reproductive Health, Inc., 462 U.S. 416 (1983).

11987–1987
Clark v. State green
texcrimapp · 1977
11982–1982
Gorman v. State green
texcrimapp · 1982
11982–1982
Coleman v. State green
texcrimapp · 1982
11982–1982
Ferguson v. State green
texcrimapp · 1981
1 sentence

1982The 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

11982–1982
Martinez v. State green
texcrimapp · 1956
11980–1980
Scott v. State green
texcrimapp · 1977
11980–1980
Thigpen v. Locke green
tex · 1962
11978–1978
Southwestern Fire & Casualty Company v. Larue green
tex · 1963
11977–1977
Sapet v. State green
texcrimapp · 1954
11974–1974
Johnson v. State green
texcrimapp · 1973
11974–1974
United States v. Matlock green
scotus · 1974
11974–1974
Gilmore v. State green
texcrimapp · 1973
11974–1974
Posey v. State neutral
texcrimapp · 1937
11974–1974
Chapman v. State green
texcrimapp · 1903
11974–1974
Schneckloth v. Bustamonte green
scotus · 1973
11974–1974
Stevens v. State green
texcrimapp · 1935
11974–1974
Anderson v. State neutral
texcrimapp · 1920
11974–1974
Bentley v. Wright green
kyctapphigh · 1946
11971–1971

Where else courts name it

CA 49 (1924–2023) IL 45 (1911–2021) TX 45 (1928–2023) PA 35 (1953–2025) AL 27 (1891–2025) NJ 24 (1938–2021) FL 24 (1940–2018) NY 23 (1876–2016) OH 22 (1954–2026) MS 19 (1932–2026) NC 17 (1930–2022) MD 17 (1911–2019) OK 16 (1905–2007) OR 15 (1967–2022) CT 14 (1983–2011) KY 14 (1931–2022) AR 13 (1845–2004) IN 13 (1939–2020) WI 12 (1948–2010) VA 12 (1936–2019) MI 11 (1915–2020) LA 11 (1924–2025) TN 11 (1930–2010) NE 11 (1946–1997) MO 11 (1887–2020) AZ 10 (1937–2025) WA 10 (1910–2022) SC 9 (1913–2023) KS 9 (1991–2013) MT 8 (1952–2009) DC 8 (1893–2021) MA 7 (1975–2015) NM 7 (1896–1998) UT 7 (1933–2023) HI 7 (1983–2015) ID 6 (1966–2015) GA 6 (1925–1986) CO 6 (1972–2010) WV 5 (1993–2016) MN 5 (1943–1987) RI 5 (1983–2009) WY 4 (1976–2018) NV 4 (1953–2024) ME 3 (1944–1976) IA 3 (1929–1935) DE 3 (1985–2022) SD 3 (1910–1991) ND 2 (1903–1942) NH 2 (1972–1991)

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