Kim v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is axiomatic that errors that are asserted on the part of the trial court must generally be brought to the trial court’s attention in order to afford the trial court an opportunity to correct the error, if any. To preserve for appellate review a complaint that a sentence is grossly disproportionate, constituting cruel and unusual punishment, a defendant must present to the trial court a timely request, objection, or motion stating the specific grounds for the ruling desired. Kim’s complaint about the alleged dis-proportionality of his sentence was not raised at the time it was imposed or in a motion for new trial. Therefore, he preserved nothing for our review.”

   1 later decision quote this exact passage
   e.g. Russell v. State

2. “indictment upon amendment). 7 . Even if we were to reach the merits of his complaint, his punishment was within the statutory limits for the offense. See Tex. Penal Code Ann. § 21.02 (h). Punishment that is imposed within the statutory limits, and that is based upon the sentencer’s informed normative judgment, is generally not subject to challenge for excessiveness except in”

   1 later decision quote this exact passage
   e.g. Gregory Pollock v. State