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← 341 SW3D 490 - Avery v. State

Avery v. State’s Empirical Analysis

2011

Citation profile

1
cited by 1 later decisions
1
states following
February 2012
most recently cited

1 state decisions

Appellate journey

reviewedthe decision below (from Texas 156th Judicial District Court)

Relationships

Relies on Jackson v. Virginia · Tibbs v. Florida · Boykin v. State · Brooks v. State · Hooper 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(a) A person commits an offense if the person knowingly: (5) possesses, obtains, or attempts to possess or obtain a controlled substance or an increased quantity of a controlled substance: (A) by misrepresentation, fraud, forgery, deception, or subterfuge; [or] (B) through use of a fraudulent prescription form; or (C)through use of a fraudulent oral or telephonically communicated prescription ....”
    1 later decision quote this exact passage
  2. “The testimony is that the prescription form is not fraudulent. It is the prescription form of the doctor. What the testimony has been is that the prescription, itself, that the doctor wrote on his form was altered .... There’s no evidence that [the appellant] committed this fraud by using a fraudulent prescription form ....”
    1 later decision quote this exact passage
  3. “Appellant, Billie Jean Avery, was charged by indictment with obtaining an increased quantity of a Schedule II controlled substance through the use of a fraudulent prescription form, a second-degree felony. 8”
    1 later decision quote this exact passage

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.