Waythe v. State’s Empirical Analysis
1976
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently October 2013 · most notably Drake v. State (1985), Luquis v. State (2002)
28 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 Albrecht v. State · Carvajal v. State · Brinkley 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.
“`Must' and `shall' are synonymous and are usually mandatory when used in statutes”
2 later decisions quote this exact passagee.g. Luquis v. State · Edwards v. State“Plainly, the section [Sec. 3.04(a)] now under consideration was adopted by our legislature with the intent to follow the ABA standards then presumptively known to it. The legislature, just as did the ABA, used the word “shall” in giving the accused the right to a severance. We have no ambiguity; instead, we have a command by the law-making body which we must enforce. (Emphasis added). In Brinkley v. State, 167 Tex.Cr.R. 472 , 320 S.W.2d 855, 856 (1958), the Court stated: “ ‘Must’ and ‘shall’ are synonymous and are usually mandatory when used in statutes.””
1 later decision quote this exact passagee.g. Warmowski v. State““(a) Whenever two or more offenses have been consolidated or joined for trial under Section 3.02 of this Code, the defendant shall have a right to a severance of the offenses.””
1 later decision quote this exact passagee.g. Overton 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.