Penix v. State’s Empirical Analysis
1972
Citation profile
23 state decisions
How this case has been cited
Cited by 23 later decisions — most recently October 2016
23 state decisions
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.
Relationships
Relies on Brady v. State of Maryland · Giles v. State of Maryland · Bustillos v. State · Cazares v. State · Courtney 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Even though this court has never ‘undertaken to fix arbitrarily and absolutely a space of time which would characterize such testimony as too remote’, there seems to have developed a rule of thumb or guideline that such should not be admitted if the time lapse exceeds ten years . On the other hand, the tendency has been that the trial court’s discretion to admit such conviction has generally been upheld if the period of time was less than ten years.””
2 later decisions quote this exact passagee.g. Miller v. State · Castro v. State““More broadly stated, the rule is that, regardless of the time elements, the facts of each case must be looked to and considered in determining the question of remoteness. And that question is one addressed largely to the discretion of the trial court, and no hard and fast rule or period of time may be fixed. Nevertheless, the tendency of many decisions is to hold that an interval of ten years, counting from the time of release from jail if the defendant served a term of imprisonment, renders the previous conviction unavailable for impeachment, unless from the defendant’s intervening conduct it appears that he has not reformed.” (Emphasis supplied.) See also 62 Tex.Jur.2d, Witnesses, § 273, p. 247.”
1 later decision quote this exact passagee.g. Gordon v. State““We find no deliberate suppression by the state. Further, no bad faith on the part of the prosecution is shown and nothing is shown that would affect the disposition of the case; i. e., there is no showing that appellant was deprived of a fair trial.” Penix, supra, at 89 .”
1 later decision quote this exact passagee.g. Nastu v. State
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.