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← 310 S.W.3d 424 - Ex Parte Hearn

Ex Parte Hearn’s Empirical Analysis

2010

Citation profile

20
cited by 20 later decisions
3
states following
June 2017
most recently cited

9 federal appellate · 5 state decisions

Appellate journey

reviewedthe decision below (from Texas 282nd Judicial District Court)

Relationships

Applies 21 U.S.C. § 848 (§ 408 of the Controlled Substances Act)

Relies on Atkins v. Virginia · Ex Parte Briseno · United States v. Esmond · Neal v. State · Gallo 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “With respect to limitations in. adaptive functioning, the CCA has explained that ‘three adaptive-behavior areas are applicable to determining mental retardation: conceptual skills, social skills, and practical skills.’”
    2 later decisions quote this exact passage · from the majority
  2. “• Did those who knew the person best during the developmental stage — his family, friends, teachers, employers, authorities — think he was [intellectually disabled] at that time, and, if so, act in accordance with that determination? • Has the person formulated plans and carried them through or is his conduct impulsive? • Does his conduct show leadership or does it show that he is led around by others? • Is his conduct in response to external stimuli rational and appropriate, regardless of whether it is socially acceptable? • Does he respond coherently, rationally, and on point to oral or -written questions or do his responses wander from subject to subject? • Can the person hide facts or lie effectively in his own or others’ interests? • Putting aside any heinousness or gruesomeness surrounding the capital offense, did the commission of that offense require forethought, planning, and complex execution of purpose?”
    1 later decision quote this exact passage · from the majority
  3. “Conceptual skills include skills related to language, reading and writing, money concepts, and self-direction. Social skills include skills related to interpersonal relationships, responsibility, self-esteem, gullibility, naivete, following rules, and avoiding victimization. Practical skills are skills related to activities of daily living and include occupational skills and maintaining a safe environment.”
    1 later decision quote this exact passage · from the majority

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.