Ex Parte Williams’s Empirical Analysis

Citation profile

9 state decisions

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

1. “[Since] ... petitioner did not have his choice of custodian, it is repugnant to Article 1, Section 19 of the Texas Constitution to deny him credit for good conduct while in the federal institution.... We do not feel that Article 42.03, Vernon’s Ann.C.C.P., effective August 27, 1973, is controlling, since this provision of the code pertains to the trial court only. After sentence has become final, the defendant is in the custody of the Department of Corrections either through ‘constructive’ or ‘physical’ detention. It is this rationale that compels this Court to require the Department of Corrections to apply ‘good time’ credit equally to both;”

   2 later decisions quote this exact passage
   e.g. Ex parte Bowens · Ex Parte Canada

2. ““ ‘But for’ the federal conviction, petitioner would have been transferred to the Department of Corrections when the State conviction became final. The fed eral incarceration precluded ‘physical custody’ but petitioner was still in ‘constructive custody’ of the Department of Corrections. As petitioner did not have his choice of custodian, it is repugnant to Article I, Section 19, of the Texas Constitution to deny him credit for good conduct while in the federal institution.””

   1 later decision quote this exact passage
   e.g. Ex parte Newell

3. ““Of course, this decision to reward good time can be made only after a prisoner has been placed in the physical custody of the Texas Department of Corrections. See Gardner v. State, supra [Tex.Cr.App., 542 S.W.2d 127 ].””

   1 later decision quote this exact passage
   e.g. Ex parte Vasquez