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← 542 SW2D 395 - Gholson v. State

Gholson v. State’s Empirical Analysis

1976

Citation profile

72
cited by 72 later decisions
1
cited 1 times by the Supreme Court
4
states following
April 2013
most recently cited

2 federal appellate · 67 state decisions

How this case has been cited

Cited by 72 later decisions (1 by the Supreme Court) — most recently April 2013 · most notably Livingston v. State (1987), Coppola v. Commonwealth (1979)

2 federal appellate · 67 state decisions

33019761980199020002010decided

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 Terry v. Ohio · Gregg v. Georgia · Adams v. Williams · Jurek v. Texas · United States v. Cohen

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

  1. “"In upholding the constitutionality of the Texas death penalty procedures, the United States Supreme Court noted: "`Texas law requires that if a defendant has been convicted of a capital offense, the trial court must conduct a separate sentencing proceeding before the same jury that tried the issue of guilt. Any relevant evidence may be introduced at this proceeding .... The Texas capital-sentencing procedure guides and focuses the jury's objective consideration of the particularized circumstances of the individual offense and the individual offender before it can impose a sentence of death .... What is essential is that the jury have before it all possible relevant information about the individual defendant whose fate it must determine. Texas law clearly assures that all such evidence will be adduced.' [Emphasis added.]”
    3 later decisions quote this exact passage
  2. “"(b) On conclusion of the presentation of the evidence, the court shall submit the following issues to the jury: “(1) whether the conduct of the defendant that caused the death of the deceased was committed deliberately and with the reasonable expectation that the death of the deceased or another would result; "(2) whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society; and "(3) if raised by the evidence, whether the conduct of the defendant in killing the deceased was unreasonable in response to the provocation, if any, by the deceased. "(c) The state must prove each issue submitted beyond a reasonable doubt, and the jury shall return a special verdict of ‘yes’ or 'no' on each issue submitted."”
    1 later decision quote this exact passage
  3. ““A psychiatric examination is not an adversary proceeding. Its purpose is not to aid in establishment of facts showing that an accused committed certain acts constituting a crime; rather, its sole purpose is to enable an expert to form an opinion as to an accused’s mental capacity to form a criminal intent. Because of the intimate, personal and highly subjective nature of a psychiatric examination, the presence of a third party in a legal and non-medical capacity would severely limit the efficacy of the examination ...” (Emphasis added)”
    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.