Cuellar v. State’s Empirical Analysis

Citation profile

2 federal appellate · 30 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In all suits, either civil or criminal, or in matters of probate, pending in any court of this State, and in all matters ancillary to such suits which require action by or the attendance of an attorney, including appeals but excluding temporary restraining orders, at any time within thirty (30) days of a date when the Legisla ture is to be in Session, or at any time the Legislature is in Session, or when the Legislature sits as a Constitutional Convention, it shall be mandatory that the court continue such cause if it shall appear to the court, by affidavit, that any party applying for such continuance, or any attorney for any party to such cause, is a Member of either branch of the Legislature, and will be or is in actual attendance on a Session of the same. If the member of the Legislature is an attorney for a party to such cause, his affidavit shall contain a declaration that it is his intention to participate actively in the preparation and/or presentation of the case. Where a party to any cause or an attorney for any party to such cause is a Member of the Legislature, his affidavit need not be corroborated. On the filing of such affidavit, the court shall continue the cause until thirty (30) days after the adjournment of the Legislature and such affidavit shall be proof of the necessity for such continuance, and such continuance shall be deemed one of right and shall not be charged against the party receiving such continuance upon any subsequent application for continua”

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

2. “Article 2168a is mandatory by its terms and by interpretation by this Court. King v. State, 160 Tex.Cr.R. 556 , 273 S.W.2d 72 (1954). See also Mora v. Ferguson, 145 Tex. 498 , 199 S.W.2d 759 (1947). The statute is specific in providing that the court must continue the cause if it ‘shall appear to the court, by affidavit,’ that (1) the attorney for any party to that cause is a member of the Legislature, and (2) such a member will be or is in actual attendance of a session of the Legislature. Further, the statute states, ‘on the filing of such affidavit, the court shall continue the cause . and such affidavit shall be proof of the necessity for such continuance . . . .’ The only requirement within the statute is an affidavit setting forth the above enumerated items.””

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

3. ““The rules of statutory construction require that statutes that deal with the same subject be construed so that they harmonize . . . However, a special statute controls over a general statute and it makes no difference in which order the statutes were enacted Where the special statute is complete within itself, it controls, even though other statutes concerning the same subject matter contain requirements not enumerated in the special statute. Legislative intent must be examined.””

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