Marshall v. State’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. ““In this record prepared for the purpose of an appeal from a revocation of probation only we do not find that prior to a guilty plea . . . the State filed a written notice that it would or would not seek the death penalty in this rape case. See Article 1.14, Vernon’s Ann.C. C.P. In absence of a written notice that it would seek the death penalty, we feel the decision in Smith v. State, Tex.Cr. App., 455 S.W.2d 748 , is controlling. Where no written notice seeking the death penalty is filed as required by Article 1.14, supra, and the State announces ready for trial and goes to trial, such action is tantamount to making it known to the court that the State will not seek the death penalty. Under such circumstances, the accused may waive trial by jury and enter a plea of guilty before the court. The death penalty is no longer a possible penalty.””

   2 later decisions quote this exact passage
   e.g. Malone v. State · Rutledge v. State