Wiley, Sam Jr.’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If the court determines that a defendant has financial resources that enable him to offset in part or in whole the costs of the legal services provided, including any expenses and costs, the court shall order the defendant to pay during the pendency of the charges or, if convicted, as court costs the amount that it finds the defendant is able to pay.”

   3 later decisions quote this exact passage · from the majority
   e.g. Aaron John Lewis Jr. v. State · Larry Dieken v. State

2. “the appellant could readily have raised this sufficiency claim in a direct appeal from the initial judgment imposing community supervision. Failing to do so, we hold, constituted a procedural default under [Manuel v. State, 994 S.W.2d 658 (Tex.Crim.App.1999) ]. The record in this case shows that the appellant was well aware of the existence and the amount of the attorney fees that were imposed for his court appointed representation during the plea proceedings. The bill of costs was dated the same day as the judgment imposing community supervision and was, by the terms of the judgment itself — as indicated in bold capital letters — attached. By his signature, the appellant expressly acknowledged having read and understood the conditions of community supervision. Under these circumstances, the presumption of regularity applies, and we must conclude that the appellant was aware of the requirement that he pay court costs, including the cost of court appointed attorney fees, even as of the time he signed the judgment. He would therefore have known to challenge the sufficiency of the evidence to support this requirement as of the time of any direct appeal from that judgment. Instead of doing so, he waived his right to appeal, though not required to do so by the terms of any negotiation with the State. Whatever else could be said about such a waiver of appeal, it was certainly executed knowingly with respect to any possible claim that the record did not support the assessment of att”

   2 later decisions quote this exact passage · from the majority
   e.g. Shortt v. State · Tawona Sharmin Riles v. State

3. “• The trial court admonished Wiley that he would not be allowed to appeal without permission if the trial court followed the plea bargain, which it did. Id. at 314 . • The written judgment included a sub-heading entitled “Court Costs,” and all attorney fees, which included $400.00 for the court-appointed attorney during the plea proceedings, were set out in a bill of costs attached to the judgment. Id. • In a declaration that Wiley signed that appears on the last page of the judgment next to his thumbprint, he acknowledged that “ ‘[t]he terms and conditions set forth in this probation order have been read and explained to me on [the day they were imposed] and I understand them.’ ” Id. • On that same day, he also executed an express written waiver of appeal. Id. • In open court, when the trial court noted that Wiley and his attorney had signed a waiver of appeal and asked him if that is what he wished to do, Wiley replied, “ Tes, sir.’ ” Id. at 314 n. 5. • Wiley did not pursue an appeal from the order placing him on community supervision between the time it was ordered and the time it was revoked. Id. at 314-315 . • The day after revocation, a new bill of costs was printed out that itemized the total court costs. It listed the attorney fees at $800.00, which included the unpaid $400.00 balance for the attorney who had provided representation when the trial court initially ordered community supervision, plus an additional $400.00 for the attorney who represented Wiley during th”

   1 later decision quote this exact passage · from the majority
   e.g. Aaron John Lewis Jr. v. State