Tapps v. State’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Under the canons of statutory construction, we are to construe a statute according to its plain language, unless the language is ambiguous or the interpretation would lead to absurd results that the legislature could not have intended.” To do so, we focus on the literal text of the statutory language in question, reading it in context and construing it “according to the rules of grammar and common usage.” In an attempt to discern the fair, objective meaning of the text at the time of its enactment, “[w]e assume that every word has been used for a purpose and that each word, phrase, clause, and sentence should be given effect if reasonably possible.” “Where the statute is clear and unambiguous, the Legislature must be understood to mean what it has expressed, and it is not for the courts to add or subtract from such a statute.” It is only “[wjhen the application of the statute’s plain language would lead to absurd consequences that the Legislature could not possibly have intended,” that a court, out of absolute necessity, may stray from applying the literal language and resort to such extra-textual factors as legislative history, intent, or purpose.”

   1 later decision quote this exact passage · from the majority
   e.g. Johaun Dupree v. State

2. “Under section 46.04, the period during which firearm possession by a felon is forbidden begins on the date of conviction (the date one is “convicted of a felony”) and ends on the fifth anniversary of the person’s release from confinement or the person’s release from any form of supervision or parole, whichever date is later. Thus, the minimum period that a felon will be prohibited from possessing a firearm — assuming the felon is released from confinement or supervision on the date of conviction or is never confined-is five years from the date of conviction. The date of release from confinement is necessary to determine the maximum length of this period specifically when the period extends beyond five years from the date of conviction. The date of release from confinement is not necessary when the alleged possession occurs within five years of the date of conviction because the period of prohibition extends for this duration in any event.”

   1 later decision quote this exact passage · from the majority
   e.g. Justin Laroy Fagan v. State

3. “assume that every word has been used for a purpose and that each word, phrase, clause,- and sentence should be given effect if reasonably possible.” Tapps v. State, 294 S.W.3d 175, 178 (Tex. Crim.App.2009); Campbell v. State, 49 S.W.3d 874, 876 (Tex.Crim.App.2001) (citing State v. Hardy, 963 S.W.2d 516, 520 (Tex. Crim.App.1997)). . Ramos v. State, 303 S.W.3d 302, 307 (Tex. Crim.App.2009). . See People v. Hrlic, 277 Mich.App. 260 , 744 N.W.2d 221, 225 (2007) (”

   1 later decision quote this exact passage · from the majority
   e.g. Mahaffey v. State