Graves v. State’s Empirical Analysis
1976
Citation profile
6 state decisions
How this case has been cited
Cited by 8 later decisions — most recently May 2015
6 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 Day v. State · Curtis 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The restrictive effect of the word “required” in Art. 37.09(1) cannot be ignored. In applying the test one does not examine what the proof [s]howed in establishing the offense charged; rather one must look to what facts in the proof were [r]equired to establish the offense charged. The broader reading of the statute would render [a]ny offense incidentally proven in the course of trial a lesser included offense, and authorize its submission to the jury. Such “lesser included offenses” under Art. 37.09(1) would include any offense committed near the time of the offense charged and proven up as “res gestae” of the offense, any offenses committed near the time of arrest and proven up as “res gestae” of the arrest, any extraneous offenses proven in rebuttal on an issue raised by the defense, and any other offense shown incidentally in the course of the trial, because any such offense would have been established by what the proof of the offense charged [sjhowed, even though it was not established by the proof of the facts [r]equired to establish the offense charged. Such a broad reading of Art. 87.09(1) is impermissible.”
1 later decision quote this exact passagee.g. Farrakhan v. State“'The careful reader will observe that each definition in Art. 37.09 is stated with reference to "the offense charged," and moreover, each such definition specifically states the manner in which the lesser included offense differs from the offense charged. The enumerated variations in the statute do not enlarge upon the offense charged, but instead vary n a manner that either is restrictive or reduces culpability as compared to the offense charged. In view of those restrictions, we hold Arts. 37.08 and 37.09, supra, are constitutional insofar as they authorize, as did the prior scheme of degrees of offenses, conviction upon an indictment charging one offense for a lesser included offense of the offense charged ...' (Emphasis added.)”
1 later decision quote this exact passagee.g. Hall 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.