Clanton v. State’s Empirical Analysis
1975
Citation profile
22 state decisions
How this case has been cited
Cited by 23 later decisions (1 by the Supreme Court) — most recently July 1996
22 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 Alejandro v. State · Graham v. State · Clayton v. State · Vela v. State · Stroebel 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““To receive the stamp of approval of this court, jury arguments need to be within the areas of: (1) summation of the evidence; (2) reasonable deduction from the evidence; (3) answer to argument of opposing counsel; and (4) plea for law enforcement, [citations omitted from text.] The arguments that go beyond these areas too often place before the jury unsworn, and most times believable, testimony of the attorney.””
2 later decisions quote this exact passagee.g. Kearney v. State · Sneed v. State““[MR. GREEN]: ... I know if you give him life or if you give him two hundred and fifty years, do you realize this, I want to read you this little thing right here and this is all I can say about this particular paragraph, I am no allowed to comment any more. In determining the punishment in this case, you are instructed that you are not to discuss among yourselves how long the Defendant will be required to serve any sentence you decide to impose. “What that is saying, if you give him life or one hundred and two or two hundred and fifty years, if you know or think he will just be there eight years, you can’t discuss that and I can’t discuss it, I can’t tell you, but you can, if you know yourselves, base your decision, your verdict upon that. “MR. WATKINS: Your Honor, he is just saying he can’t say something about it and he said it in the next sentence. “THE COURT: The jury won’t consider the last argument of the District Attorney for any purpose. “MR. GREEN: If you do know the law, you can’t discuss it with another juror but you yourselves can consider it. “Such matters come within the exclusive jurisdiction of the Board of Pardons and Paroles and the Governor of the State of Texas and are of no concern of yours. “That no concern of yours is what bothers me in that particular paragraph, you are instructed it is of no concern of yours if you give somebody twenty years if they are out in two years, they tell you it is no concern of yours, you give somebody life and they are out ”
1 later decision quote this exact passagee.g. Sneed v. State“Notwithstanding the court’s instructions to the contrary, the prosecuting attorney told the jurors that it was a concern of theirs how long appellant would actually serve before being released from the penitentiary. ... The argument of the state hereinabove quoted did not recommend life as a proper punishment based on the evidence, but was strictly an appeal to the jury to disregard its responsibility under the law to determine the appropriate punishment for the offense, and to consider “how long the defendant will be required to serve any sentence” the jury might decide to impose.”
1 later decision quote this exact passagee.g. Sneed 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.