Recently, the Texas Supreme Court has embraced an important recapitulation of the scope of evidentiary review in cases governed by the preponderance of the evidence standard of review. A similar approach has been applied by the court to cases controlled by the clear and convincing evidence standard of review. This article explores and explains these important developments.
South Texas Law Review
William V. Dorsaneo, III, Evolving Standards of Evidentiary Review: Revising the Scope of Review, 47 S. Tex. L. Rev. 225 (2005)