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← 323 SW3D 179 - Benavidez v. State

Benavidez v. State’s Empirical Analysis

2010

Citation profile

13
cited by 13 later decisions
1
states following
August 2018
most recently cited

13 state decisions

Appellate journey

reviewedthe decision below (from Texas Court of Appeals, 13th District)

Relationships

Relies on Burks v. United States · Green v. United States · United States v. Martin Linen Supply Co. · Greene v. Massey · Almanza 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The jury verdict in this case actually amounted to a finding of fact that [the defendant] was guilty of all of the elements of aggravated assault, and the trial court’s judgment reflects accordingly. So nothing occurred at the trial court level that amounted to an acquittal for the lesser-but-not-included offense. Moreover, an appellate court does not properly order the entry of a judgment of acquittal unless either the trial court’s ruling amounts to a de facto but unacknowledged acquittal, or the appellate court itself finds that the evidence was legally insufficient to support the conviction.”
    2 later decisions 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.