Law Commons^™

The Pyramiding Of Presumptions And Inferences In Texas., Carlos S. Cadena

St. Mary's Law Journal

Anti-pyramid rules are based in the idea that a finding based on nothing more than mere speculation should be rejected. Despite the frequent invocation of these rules, many Texas courts fail to utilize them correctly. Though countless decisions lay down the general rule that a presumption cannot be based on another presumption and several state judiciaries pointing out the futility of basing an inference upon another inference, it is rare for the rules to be properly applied. This can be seen in Texas cases referencing and applying the rule. While a few cases justifiably apply the rule, in most cases, …