second and third factors (Texas) · Go Syfert
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second and third factors in Texas

44 Texas opinions name it 2 courts 2000–2026 8 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 (19)

CaseFollowedCited
Mozon v. Stategreen
texcrimapp · 1999 · cited in 4 Texas opinions naming this issue, 2008–2011
2 sentences

2011See id.

2008See id.

44
Bargas v. Stategreen
texapp · 2008 · cited in 4 Texas opinions naming this issue, 2008–2008
2 sentences

2008See Bargas, 252 S.W.3d at 893-94 ; Dennis, 178 S.W.3d at 181 .

2008See Bargas, 252 S.W.3d at 893–94.

44
Dennis v. Stategreen
texapp · 2006 · cited in 5 Texas opinions naming this issue, 2008–2008
2 sentences

2008See Dennis, 178 S.W.3d at 181 .

2008See Bargas, 252 S.W.3d at 893-94 ; Dennis, 178 S.W.3d at 181 .

35
Dupree v. Texas Department of Protective & Regulatory Servicesgreen
texapp · 1995 · cited in 3 Texas opinions naming this issue, 2010–2015
2 sentences

2015See Dupree v. Texas Dep't of Protective & Regulatory Servs., 907 S.W.2d 81, 87 (Tex.App.-Dallas 1995, no writ) (" The need for permanence is the paramount consideration for the child's present and future physical and emotional needs." ); see also TEX.

2010See Dupree v. Texas Dep’t of Protective & Regulatory Servs. , 907 S.W.2d 81, 87 (Tex. App.—Dallas 1995, no writ) (“The need for permanence is the paramount consideration for the child’s present and future physical and emotional needs.”); see also Tex. Fam.

33
Williams v. Stategreen
texcrimapp · 1997 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009See id . at 787-88 (upholding admission of color photos of bullet wounds to victim's head and face); Williams v. State , 958 S.W.2d 186, 196 (Tex. Crim.

2009See id. at 787-88 (upholding admission of color photos of bullet wounds to victim’s head and face); 11 Williams v. State, 958 S.W.2d 186, 196 (Tex. Crim.

22
Ajisebutu v. Stategreen
texapp · 2007 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025Ajisebutu v. State, 236 S.W.3d 309, 315 (Tex. App.—Houston [1st Dist.] 2007, pet. ref’d).

11
Archie v. Stategreen
texcrimapp · 2011 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Archie, 340 S.W.3d at 740-42 (finding no abuse of discretion in the trial court’s denial of a mistrial following the prosecutor’s comments on the defendant’s failure to testify when the magnitude of the prejudice from the prosecutor’s remarks “was not so great that a jury would necessarily have discounted the trial court’s firm instructions to disregard them.”); see also Lopez v. State, No. 2017 WL 1181294 , at *6 (concluding that the balance of the Mosley factors established that a mistrial was not warranted, even when the prosecutor repeated the challenged statement, because “the magnitu

11
in the Interest of X.R.L., S.J.S., and Z.N.S., Childrengreen
texapp · 2015 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See In re X.R.L., 461 S.W.3d 633, 640 (Tex. App.—Texarkana 2015, no pet.) (“[T]he first Holley factor is neutral because no evidence of the children’s desires was presented.”). 16 Regarding the second and third factors,18 as well as the fourth and eighth factors, the record demonstrates that the twins had ongoing medical needs and that the initial referral in the record notes that two of Mother’s prior children were removed from the home due to failing to provide ongoing medical care for special needs of the children.

11
In Re CHgreen
tex · 2002 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021Notably, while compelling evidence supporting just the second and third factors suffices to demonstrate termination was in the children’s best interests, see In re C.H., 89 S.W.3d at 27 (“undisputed evidence of only one factor may be sufficient to support a finding that termination is in the best interest of the child”), ample evidence supports the additional factors. 3.

11
Moore, Ex Parte Darron T.green
texcrimapp · 2013 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016See Ex parte Moore, 395 S.W.3d 152, 161 (Tex.Crim.App.2013) (holding that temporary guest of registered motel guest did not have reasonable expectation of privacy); Padilla, 462 S.W.3d at 123 .

11
LONZA AG v. Blumgreen
texapp · 2001 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Lonza AG v. Blum, 70 S.W.3d 184, 193 (Tex. App.--San Antonio 2001, pet. denied) (holding that the exercise of long-arm jurisdiction would not comport with fair play and justice after noting that evidence existed outside the subpoena 26 4851-2191-0817.v1 power of the court).

11
Graham v. Floridagreen
scotus · 2010 · cited in 1 Texas opinions naming this issue, 2014–2014
2 sentences

2014See Graham, 560 U.S. at 60 , 130 S. Ct. at 2022 .

2014See Graham, 560 U.S. at 60 , 130 S. Ct. at 2022 .

11
Smith v. Stategreen
texapp · 2007 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013Solem, 463 U.S. at 392 ; see also Smith, 256 S.W.3d at 344 .

11
Scott v. Stategreen
texcrimapp · 2007 · cited in 1 Texas opinions naming this issue, 2011–2011
1 sentence

2011See Scott, 227 S.W.3d at 690 ; Gutierrez v. State, 150 S.W.3d 827 , 831–32 (Tex. App.—Houston [14th Dist.] 2004, no pet.) (finding harmless error, even though the erroneously admitted evidence was important to 7 the State’s case, partly because the appellant’s confession corroborated the evidence).

11
Moore v. Stategreen
texapp · 2004 · cited in 1 Texas opinions naming this issue, 2011–2011
1 sentence

2011Moore v. State , 143 S.W.3d 305, 313 (Tex. App.—Waco 2004, pet. ref’d.); Thompson v. State , No. 03-06-00695-CR, 2007 WL 1647830 *3 (Tex. App.—Austin, no pet.) (mem. op., not designated for publication).

11
Rhodes v. Stategreen
texapp · 1995 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010Id.; see also Rhodes v. State, 913 S.W.2d 242, 251 (Tex. App.—Fort Worth 1995) (intent to deliver may be inferred from quantity of drugs possessed and from manner in which they were packaged), aff’d, 945 S.W.2d 115 (Tex. Crim.

11
Rhodes v. Stategreen
texcrimapp · 1997 · cited in 1 Texas opinions naming this issue, 2010–2010
11
Shuffield v. Stategreen
texcrimapp · 2006 · cited in 1 Texas opinions naming this issue, 2009–2009
11
Phan Son Van v. Penagreen
tex · 1999 · cited in 1 Texas opinions naming this issue, 2000–2000
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 (15)

CaseCitedYears
Theus v. State green
texcrimapp · 1992
2 sentences

2006Theus 845 S.W.2d at 881 .

2006Theus 845 S.W.2d at 881 .

52006–2006
A. C. v. Texas Department of Family and Protective Services green
texapp · 2019
2 sentences

2026Code Ann. § 263.307 (a) (“[T]he prompt and permanent placement of the child in a safe environment is presumed to be in the child’s best interest.”); then citing In re M.A.J., 612 S.W.3d 398 , 411 (Tex. App.—Houston [1st Dist.] 2020, pet. denied) (op. on reh’g); and then citing A.C. v. Tex. Dep’t of Fam. & Protective Servs., 577 S.W.3d 689 , 705–06 (Tex. App.—Austin 2019, pet. denied)). 21 Father’s anger issues and drug use.

2024Code Ann. § 263.307 (a) (“[T]he prompt and permanent placement of the child in a safe environment is presumed to be in the child’s best interest.”); then citing In re M.A.J., 612 S.W.3d 398 , 411 (Tex. App.—Houston [1st Dist.] 2020, pet. denied) (op. on reh’g); and then citing A.C. v. Tex. Dep’t of Fam. & Protective Servs., 577 S.W.3d 689 , 705–06 (Tex. App.—Austin 2019, pet. denied)). 17 in New Orleans.

32022–2026
Howlett Ex Rel. Howlett v. Rose green
scotus · 1990
1 sentence

2025It is well recognized that “the State and arms of the State, which have traditionally enjoyed Eleventh Amendment immunity, are not subject to suit under § 1983 in either federal court or state court.” Howlett, 496 U.S. at 365 .

12025–2025
State v. Mechler green
texcrimapp · 2005
1 sentence

2024When addressing the effect on the jury in some irrational but indelible way, the court has concluded that intoxilyzer test results are “not unfairly prejudicial because this evidence relates directly to the charged offense.” Mechler, 153 S.W.3d at 440–41.

12024–2024
Holley v. Adams green
tex · 1976
1 sentence

2019Id. 24 at 371–72.

12019–2019
Timberwalk Apartments, Partners, Inc. v. Cain green
tex · 1998
1 sentence

2019Id. at 757–58.

12019–2019
Luciano Vargas Padilla v. State green
texapp · 2015
1 sentence

2016See Ex parte Moore, 395 S.W.3d 152, 161 (Tex.Crim.App.2013) (holding that temporary guest of registered motel guest did not have reasonable expectation of privacy); Padilla, 462 S.W.3d at 123 .

12016–2016
Weems v. State green
texapp · 2005
1 sentence

2015The facts in Appellant’s case are very similar to those of Weems v. State, 167 S.W.3d 350 (Tex.App.-Houston [14th Dist.] 2005, ref’d).

12015–2015
Jackson v. Virginia red
scotus · 1979
1 sentence

2013We need only consider the second and third factors, 1 443 U.S. 307 (1979). -3- 04-13-00071-CR however, if we determine that the sentence is grossly disproportionate to the offense after comparing the gravity of the offense against the severity of the sentence.

12013–2013
Solem v. Helm red
scotus · 1983
1 sentence

2013Solem, 463 U.S. at 392 ; see also Smith, 256 S.W.3d at 344 .

12013–2013
Medina v. State green
texcrimapp · 1999
1 sentence

2011Id. at 636 n.1, 643.

12011–2011
Gutierrez v. State green
texapp · 2004
1 sentence

2011See Scott, 227 S.W.3d at 690 ; Gutierrez v. State, 150 S.W.3d 827 , 831–32 (Tex. App.—Houston [14th Dist.] 2004, no pet.) (finding harmless error, even though the erroneously admitted evidence was important to 7 the State’s case, partly because the appellant’s confession corroborated the evidence).

12011–2011
State v. Stewart green
texapp · 2009
1 sentence

2010Id.

12010–2010
Harmelin v. Michigan green
scotus · 1991
1 sentence

2010Id.

12010–2010
United States v. Otha Lee Mahone green
ca7 · 1976
12004–2004

Statutes the citing opinions construe

TX § Tex. Fam. Code § 161.001 (7) TX § Tex. Fam. Code § 263.307 (6) TX § Tex. Fam. Code § 101.007 (5) TX § Tex. Penal Code § 1.07 (3) TX § Tex. Penal Code § 19.02 (3) TX § Tex. Penal Code § 22.05 (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

TX 44 (2000–2026) MI 36 (1975–2025) IL 22 (1987–2026) CA 18 (1966–2024) WA 13 (2013–2025) PA 11 (1971–2024) NY 11 (2006–2025) CO 10 (1988–2026) NJ 9 (1996–2025) FL 9 (1985–2020) IA 8 (2000–2017) MA 7 (1986–2026) WI 7 (1998–2024) MS 6 (2018–2024) NM 6 (2016–2022) WY 5 (1986–2022) OR 5 (2018–2026) MD 5 (1977–2014) MN 5 (1988–2023) HI 5 (2010–2019) CT 5 (1998–2020) MO 5 (1986–2017) LA 4 (2000–2025) KS 4 (2022–2026) NV 4 (2019–2024) OH 3 (2012–2021) MT 3 (2000–2005) DE 3 (2022–2024) AL 3 (1983–2008) DC 3 (2012–2024) AZ 3 (2004–2007) IN 2 (1998–2012) OK 2 (1977–1977) NH 2 (2009–2024) ND 2 (1985–2007) TN 2 (2002–2010) SC 2 (2011–2011) SD 2 (1998–2003) VT 2 (1995–2016) UT 2 (2014–2017) AK 2 (1990–2023)

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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