Toler v. State’s Empirical Analysis
1977
Citation profile
57 state decisions
How this case has been cited
Cited by 57 later decisions — most recently August 2009 · most notably McManus v. State (1979), Passmore v. State (1981)
57 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 172 Tex. Crim. 7 - Gaskin v. State · Henriksen v. State · Dowden v. State · Zanders v. State · Ross 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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If you find from the evidence beyond a reasonable doubt that at the time and place in question the Defendant did not reasonably believe that he was in danger of death or serious bodily injury, or that a reasonable person in the Defendant's situation at the time and place in question would have retreated before using deadly force against Tarbell Griffin Travis, or that the Defendant, under the circumstances, did not reasonably believe that the degree of force actually used by him was immediately necessary to protect himself against Tarbell Griffin Travis's use or attempted use of unlawful deadly force, if any, as viewed from the Defendant's standpoint at the time, then you must find against the Defendant on the issue of self-defense. Now if you find or have a reasonable doubt thereof that Tarbell Griffin Travis committed a breach of the peace as those terms have been defined herein, in the presence or in the view of Peter Alan Werner; and if you further find or have a reasonable doubt thereof that Peter Alan Werner reasonably belived [sic] his purpose and the reasons for his arrest of Tarbell Griffin Travis were already known to him, or the purpose could not reasonably be made known to him; and if you further find from the evidence beyond a reasonable doubt that the Defendant, Peter Alan Werner, did kill the said Tarbell Griffin Travis by shooting him with a gun as alleged, but you further find from the evidence or have a reasonable doubt thereof that, viewed from the standpoi”
2 later decisions quote this exact passagee.g. Werner v. State · Glockzin v. State“A person commits the offense of unlawful delivery of a controlled substance if he knowingly or intentionally manufactures, delivers or possesses with intent to manufacture or deliver a controlled substance.”
1 later decision quote this exact passagee.g. Willis 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.