In Re Joseph Tarmo v. the State of Texas

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that where genuine issues of material fact relate to both the merits and to the court’s jurisdiction, such that the questions are inextricably linked, the court may proceed to a trial on the merits
• holding generally that the District Court has the authority to consider questions of jurisdiction on the basis of affidavits as well as the pleadings
• holding that in cases “where the question of jurisdiction is dependent on decision of the merits,” Thornhill, 594 F.2d at 735, “the District Court has jurisdiction to determine its jurisdiction by proceeding to a decision on the merits,” id. at 739
• noting that a court may evaluate affidavits and other relevant evidence submitted by the parties in examining its jurisdiction
• indicating that the determination of subject matter jurisdiction should be deferred when that question is mixed with the merits of the claim
• explaining that “when a question of the District Court’s jurisdiction is raised . . . the court may inquire by affidavits or otherwise, into the facts as they exist”

Source: CourtListener parenthetical corpus (CC0).