Marlow v. State’s Empirical Analysis
1976
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently November 2016
14 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 169 Tex. Crim. 637 - Edmond v. State · Fahey v. State · Findley v. State · 84 Tex. Crim. 504 - Cannon v. State · 50 Tex. Crim. 185 - Burk 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Now bearing in mind the foregoing instructions if you find from the evidence beyond a reasonable doubt that on or about the 21st day of May, 1982 in Wise County, Texas that the defendant, Jimmy Rex Whaley, while acting as a party as that term is hereinbefore defined, by his own conduct, or by the conduct of Charles Opie Jones for whom he was criminally responsible, or by both the conduct of Jimmy Rex Whaley and Charles Opie Jones, committed the offense of unlawful delivery of Hydromor-phone in an amount of less than twenty-eight (28) grams by acting with the intent to promote or assist the commission of said offense by soliciting, encouraging, directing, aiding or attempting to aid, Charles Opie Jones to commit said offense as alleged in Count III of the Indictment, you will find the defendant guilty of the offense of unlawful delivery of Hydromorphone in an amount of less than twenty-eight (28) grams, but if you do not so find or have a reasonable doubt thereof you will find the defendant ‘Not Guilty.’ ” (Emphasis added to show portion of charge believed by appellant to be comment on weight of the evidence by the trial judge.) 2”
2 later decisions quote this exact passagee.g. Stephens v. State · Whaley v. State“Two. Now if you believe from the evidence beyond a reasonable doubt that the defendant, Gene Wilford Hathorn, Junior, on or about the ninth day of October, 1984, in Trinity County, Texas, did intentionally cause the death of an individual, Gene Hathorn, Sr., by shooting him with a gun and you further find that said Gene Wilford Hathorn, Junior, did cause the death of Gene Hathorn, Sr., for the promise of remuneration, to wit: The Estate of Gene Hathorn, Sr., then you will find the defendant, Gene Wilford Hathorn, Junior, guilty of capital murder as charged in Count 2 of the indictment, (emphasis added).”
1 later decision quote this exact passagee.g. Hathorn 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.