Nesbit v. State’s Empirical Analysis

Citation profile

13 state decisions

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

1. “in essence, ... his probation turned into a pumpkin at the stroke of midnight” the day before the anniversary of his start date.” Id. at 65 . . By its own language, the amended condition was internally inconsistent; even double counting the anniversary, one year would have been no later that April 5. . The internal inconsistency may have been a result of using a boiler-plate order and missing a change. Appellant concedes that the intended extension period was eighteen months, rather than one year, as indicated by the trial court’s”

   1 later decision quote this exact passage · from the majority
   e.g. Whitson, April Hope

2. “The operative rule is that the duration of a time period during which a person suffers specified restrictions upon his freedom by virtue of either a sentence of imprisonment or community supervision includes the first day in which such restrictions upon freedom operate and excludes the anniversary date. The same day cannot be double counted. This rule is logical, fair, and in accord with prior precedent construing the Code Construction Act.”

   1 later decision quote this exact passage · from the majority
   e.g. Whitson, April Hope

3. “[n]either the results of a polygraph test nor the 'fact' of failing a polygraph test are admissible in a Texas criminal proceeding.”

   1 later decision quote this exact passage · from the majority
   e.g. Leonard, William Thomas