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← 138 S.W.3d 487 - Tello v. State

Tello v. State’s Empirical Analysis

2004

Citation profile

3
cited by 3 later decisions
1
states following
November 2014
most recently cited

3 state decisions

Appellate journey

reviewedthe decision below (from Texas 361st Judicial District Court)

Relationships

Relies on Strickland v. Washington · Jackson v. Virginia · Clewis v. State · Johnson v. State · Thompson v. State

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “In summary, there is evidence in the record that appellant caused [the victim’s death], that he ought to have been aware that there was a substantial and unjustifiable risk of death from his failure to properly secure the trailer, and that his failure to perceive that risk constituted a gross deviation from the standard of care an ordinary person would have exercised under like circumstances. We conclude the jury could have found the essential elements of the offense of criminally negligent homicide beyond a reasonable doubt.”
    1 later decision quote this exact passage
  2. “A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint^ [1] ]”
    1 later decision quote this exact passage
  3. “However, the fact that he had not experienced difficulty with the trailer on prior occasions is not probative of whether he ought to have been aware of the substantial risk of death cause [sic] by his failure to properly secure his trailer on the date of the accident in question.” Tello v. State, 138 S.W.3d at 494 . . The evidence arguably supports a finding that the trailer had”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.