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← 16 SW3D 401 - Garcia v. State

Garcia v. State’s Empirical Analysis

2000

Citation profile

6
cited by 6 later decisions
1
states following
October 2011
most recently cited

6 state decisions

Appellate journey

reviewedthe decision below (from Texas 383rd Judicial District Court)

Relationships

Relies on Jackson v. Virginia · Estelle v. Gamble · North Carolina v. Pearce · Whitley v. Albers · Snyder v. Commonwealth of Massachusetts

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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(b) The court shall permit a victim, close relative of a deceased victim, or guardian of a victim, as defined by Article 56.01 of this code, to appear in person to present to the court and to the defendant a statement of the person’s views about the offense, the defendant, and the effect of the offense on the victim. The victim, relative, or guardian may not direct questions to the defendant while making the statement. The court reporter may not transcribe the statement. The statement must be made: (1) after punishment has been assessed and the court has determined whether or not to grant community supervision in the case; (2) after the court has announced the terms and conditions of the sentence; and (3) after sentence is pronounced.”
    1 later decision quote this exact passage
  2. “[The] `Legislature specifically enacted Article 42.03 to allow victim statements only after sentencing in order to alleviate any risk that the statement would affect the partiality of the fact finder at the punishment phase'”
    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.