Public-domain · open source
OpenJurist
← 44 TEX 128 - Tiner v. State

Tiner v. State’s Empirical Analysis

1875

Citation profile

8
cited by 8 later decisions
4
states following
May 1941
most recently cited

8 state decisions

How this case has been cited

Cited by 8 later decisions — most recently May 1941

8 state decisions

2018751880189019001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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

  1. ““It is also true that it is the duty of every citizen to submit to lawful arrest. There is, however, a broad distinction between resistance and avoidance; between forcible opposition to arrest and merely fleeing from it. (See The State v. Anderson, 1 Hill, (S. C.,) 346.) There is no rule of law that he who flees from attempted arrest in cases of misdemeanor thereby forfeits his right to defend his life. It is certainly possible for the officer of the law to commit a felony by shooting at a man or by other excessive violence even when attempting his arrest, (Caldwell v. The State, 41 Tex., 86 ,) and it would follow that the party thus feloniously assaulted might defend his life. (The State v. Oliver, 2 Houston, (Del.,) 605; or referred to in Harrigan and Thompson’s Cases of Self-Defense, p. 716.)””
    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.