Ex Parte Calderon’s Empirical Analysis
1974
Citation profile
26 state decisions
How this case has been cited
Cited by 28 later decisions — most recently October 2015 · most notably Ex Parte McWilliams (1982), Phillips v. State (1980)
26 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 Duckett v. State · Benard v. State · Ex Parte Easley · Lee v. State · Price 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Under the doctrine of carving, if a continuous assault is made on the same person in the same transaction, the State can carve but one conviction out of the event. See 1 Branch’s Ann.P.C., 2nd ed., Sec. 654, p. 625. “In Duckett v. State, 454 S.W.2d 755 (Tex.Cr.App.1970), this Court stated: “ ‘The inhibition against double jeopardy is determined by the facts and circumstances and not by the name of the offense. The record before us in the case at bar portrays a definite illustration of the application of the principle that when one has been convicted, the State cannot, upon the same evidence, again convict him of the same act. The proof is conclusive that in appellant’s conviction fob assault to murder he was convicted of the same transaction and upon the same evidence as that upon which he was earlier convicted of the offense of robbery by assault with a firearm.’ ””
1 later decision quote this exact passagee.g. Ex Parte Harris
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.