Rushing v. State’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) A claim that a district court or criminal district court does not have jurisdiction over a person because jurisdiction is exclusively in the juvenile court and that the juvenile court could not waive jurisdiction under Section 8.07(a), Penal Code, or did not waive jurisdiction under Section 8.07(b), Penal Code, must be made by written motion in bar of prosecution filed with the court in which criminal charges against the person are filed. (b) The motion must be filed and presented to the presiding judge of the court: (1) if the defendant enters a plea of guilty or no contest, before the plea; (2) if the defendant’s guilt or punishment is tried or determined by a jury, before selection of the jury begins; or (3) if the defendant's guilt is tried by the court, before the first witness is sworn. (c) Unless the motion is not contested, the presiding judge shall promptly conduct a hearing without a jury and rule on the motion. The party making the motion has the burden of establishing by a preponderance of the evidence those facts necessary for the motion to prevail. (d)A person may not contest the jurisdiction of the court on the ground that the juvenile court has exclusive jurisdiction if: (1) the person does not file a motion within the time requirements of this article; or (2) the presiding judge finds under Subsection (c) that a motion made under this article does not prevail.”

   1 later decision quote this exact passage
   e.g. Rushing v. State

2. “The powers of the Government of the State of Texas shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit: Those which are Legislative to one; those which are Executive to another, and those which are Judicial to another; and no person, or collection of persons, being of one of these departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted. 5”

   1 later decision quote this exact passage
   e.g. Rushing v. State

3. “area of minimum functional integrity of the courts.”

   1 later decision quote this exact passage
   e.g. In Re DW