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← 539 SW3D 285 - Ex parte Clay

Ex parte Clay’s Empirical Analysis

2018

Citation profile

2
cited by 2 later decisions
1
states following
June 2019
most recently cited

2 state decisions

Appellate journey

reviewedthe decision below (from Texas Court of Appeals, 13th District)

Relationships

Relies on Studer v. State · Mizell v. State · Ex Parte McIver · Hill v. State · Ex Parte Townsend

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

  1. “principle that an 'illegal sentence' may be raised 'at any time,' regardless of whether there was a contemporaneous objection lodged at trial, does not apply with respect to improper enhancement claims-or at least not all (and maybe not even most ) improper-enhancement claims.”
    2 later decisions quote this exact passage
  2. “in the sense that would justify habeas corpus relief. See Acts 1985, 69th Leg., ch. 577, § 1, p. 2197, eff. Dec. 1, 1985 (requiring a trial level objection to defects of form or substance in a charging instrument before a defendant may raise any such complaint on appeal or in post-conviction proceedings); George E. Dix & John M. Schmolesky, 42 Texas Practice: Criminal Practice and Procedure § 25:18, at 32-33 (3d ed. 2011) (”
    1 later decision quote this exact passage · from the concurrence
  3. “I have no quarrel with the notion that an 'illegal sentence'-that is to say, a sentence that on its face falls outside the range of punishment authorized by law-should be regarded as cognizable even if complained of for the first time in post-conviction habeas proceedings.”
    1 later decision quote this exact passage

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.