Hernandez v. State’s Empirical Analysis
1974
Citation profile
33 state decisions
How this case has been cited
Cited by 33 later decisions — most recently November 2017 · most notably Carrillo v. State (1979), Drew v. State (1987)
33 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 Ward v. State · Powell v. State · Cunningham v. State · Barnes v. State · Lee 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The trial court has considerable discretion in granting or denying a new trial on newly discovered evidence. To show that the court abused its discretion by not granting a new trial, the record must reflect: (1) that the evidence was unknown to the movant before trial; (2) that his failure to discover it was not due to want of diligence; (3) that its materiality was such as would probably bring about a different result on another trial, and (4) that it was competent, not merely cumulative, corroborative, collateral, or impeaching. E. g., Powell v. State, Tex.Cr.App., 502 S.W.2d 705 .””
3 later decisions quote this exact passagee.g. Drew v. State · Whitmore v. State““THE COURT: Counsel, I have repeatedly told you not to go outside the record. We don’t care whether he did or didn’t go try to get in the marines. That’s outside the record, Counsel. “MR. HERNDEN [defense counsel]: Judge, first of all, I disagree with the Court on the law. I would like the record to reflect that we would like to object to the record and that his character was brought out when we put him on the witness stand. “THE COURT: That’s fine. You can try that on appeal.””
3 later decisions quote this exact passagee.g. In re J.G. · In Re JG““In ruling upon the admissibility of evidence, the judge shall not discuss or comment upon the weight of the same or its bearing in the case, but shall simply decide whether or not it is admissible; nor shall he, at any stage of the proceeding previous to the return of the verdict, make any remark calculated to convey to the jury his opinion of the case.””
1 later decision quote this exact passagee.g. Kincade 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.