Lovell v. State’s Empirical Analysis

Citation profile

29 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Title III of the Family Code was enacted in 1973 with the stated purpose of assuring a fair hearing in which the constitutional and other legal rights of the parties are recognized and enforced. Y.T.C.A., Family Code, Section 51.01. The Legislature was aware of the admonitions of the United States Court in Haley v. Ohio, 332 U.S. 596 , 68 S.Ct. 302 , 92 L.Ed. 224 (1948), that the admissions and confessions made by a child require careful inquiry and special caution, and in In re Gault, 387 U.S. 1 , 87 S.Ct. 1428 , 18 L.Ed.2d 527 (1967), that the juvenile needs the assistance of counsel to cope with problems of law, to make skilled inquiry into the facts, to insist upon regularity of the proceedings, and to ascertain whether he has a defense and prepare to submit it. The child “requires the guiding hand of counsel at every step of the proceedings against him.” The Gault decision extended the constitutional right to remain silent, and thereby to resist compulsory self-incrimination, to children. Title III of the Family Code is an enactment of the above concepts; it determines and protects the best interest of the child, assures the constitutional and other legal rights of the child are recognized and enforced, and permits waiver of the child’s rights only under certain conditions. In re R.E.J., 511 S.W.2d 347 (Tex.Civ.App. — Houston [1st Dist.] 1974). The Family Code underscores its protections by providing that, in the adjudication hearing provided by Title III, an extrajudici”

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

2. ““Unless a contrary intent clearly appears elsewhere in this title, any right granted to a child by this title or by the constitution or laws of this state or the United States may be waived in proceedings under this title if: “(1) the waiver is made by the child and the attorney for the child; “(2) the child and the attorney waiving the right are informed of and understand the right and the possible consequences of waiving it; “(3) the waiver is voluntary; and “(4) the waiver is made in writing or in court proceedings that are recorded.””

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

3. ““Prior to the enactment of the Family Code, a minor could waive his right to counsel before making an extrajudicial statement. Moreno v. State, Tex.Cr. App., 511 S.W.2d 273 ; Garza v. State, Tex.Cr.App., 469 S.W.2d 169 ; In re Garcia, 443 S.W.2d 594 (Tex.Civ.App. — El Paso, 1969).””

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