Jackson v. Van Winkle
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
All 41 flagged citations have been read. Later courts continued to apply Jackson's rules on newly discovered evidence and the abuse of discretion standard.
41 later cases cite Jackson v. Van Winkle; 41 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Jackson v. Van Winkle?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Overruled in part
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The Supreme Court of Texas overruled Jackson to the extent that it permitted appellate review when a trial court considered and denied an untimely motion for new trial during its plenary power.
Moritz v. Preiss · Supreme Court of Texas · filed
We overrule Jackson only to the extent that it allows appellate review of a trial court’s decision to deny an untimely new trial motion.
Read the full opinion on CourtListener →
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