McCartney v. State’s Empirical Analysis

1976

Citation profile

cited by 65 later decisions

states following

November 1999

most recently cited

59 state decisions

How this case has been cited

Cited by 65 later decisions — most recently November 1999 · most notably Drew v. State (1987), Thomas v. State (1985)

59 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 North Carolina Natural Gas Corp. v. McJunkin Corp. · Brown v. State · Taylor v. State · Heredia v. State · Powell 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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

“"(a) A person commits an offense if he causes the death of an individual under circumstances that would constitute murder under Section 19.02 of this code, except that he caused the death under the immediate influence of sudden passion arising from an adequate cause. (b) `Sudden passion' means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation. (c) `Adequate cause' means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection."”
11 later decisions quote this exact passage
e.g. Luck v. State · Gonzales v. State
“"... It is objective because it views the alleged provocation through the eyes of the ordinary man; it is subjective because the fact-finder must view from the actor's standpoint in order to view `the condition of the mind of the accused at the time of the offense,' which is necessitated by the mens rea requirement and emphasized by Section 19.06 [V.T.C.A.], from which the quoted phrase is taken." Id. at 160 .”
2 later decisions quote this exact passage
e.g. Gonzales v. State · McBride v. State
““As the Practice Commentary notes, said § 19.04 is a blend of the old and the new, and cases decided under former Article 1257c, as enacted in 1927, and those decided earlier under the former manslaughter statute are instructive in deciding the case before us. “An instruction on manslaughter is properly refused where there is no evidence whatever of adequate cause. Hill v. State, 11 Tex.App. 456 (1882). And it was well established under former Article 1257c that it was not error to fail to instruct on the issue of murder without malice unless there was some testimony raising the issue. Garza v. State, 479 S.W.2d 294 (Tex.Cr.App.1972); David v. State, 453 S.W.2d 172 (Tex.Cr.App.1970); Lucky v. State, 495 S.W.2d 919 (Tex.Cr.App.1973), and cases there cited; Simmons v. State, 504 S.W.2d 465 (Tex.Cr.App.1974); 29 Tex.Jur.2d, Homicide, Sec. 279, p. 514.” See also Payne v. State, 516 S.W.2d 675, 677 (Tex.Cr.App.1974).”
1 later decision quote this exact passage
e.g. Bravo 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.