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← 462 SW3D 29 - Tapia, Gilbert Jr.

Tapia, Gilbert Jr.’s Empirical Analysis

2015

Citation profile

6
cited by 6 later decisions
1
states following
November 2018
most recently cited

6 state decisions

Appellate journey

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

Relationships

Relies on Morrissey v. Brewer · Gagnon v. Scarpelli · Insurance Co. of North America v. United States Department of Labor · Black v. Romano · Gardner 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The record in the case at bar shows that neither appellant nor his attorney voiced any objections to the procedure used by the trial judge. Indeed they urged it. The record shows that appellant pled true to'the charges of violating ' his probation, entered into a stipulation of the evidence, and then testified to the circumstances surrounding the violations of his probationary conditions — Despite several opportunities, no objection was made by the defense as to the procedure ’used in this probation revocation. It is a general rule that appellate courts will not consider any error which counsel for accused could háve called, but did not call, to the attention of the trial court at the time when such error could have been avoided or corrected by the trial court.... This general rule also applies to constitutional questions.... .. .Thus, in the present case, since appellant failed to voice any due process objection to the procedures used by the trial court, we hold that he waived his complaint. Thus, the State’s motion for rehearing is granted and the order revoking appellant’s probation is affirmed.”
    1 later decision 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.