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.
“(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 passagee.g. Avery, Billie Jean“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 passagee.g. Avery, Billie Jean“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 passagee.g. Avery, Billie Jean
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.