Sewell v. State’s Empirical Analysis
1979
Citation profile
46 state decisions
How this case has been cited
Cited by 46 later decisions — most recently March 2011 · most notably Griffin v. State (1981), Flournoy v. State (1984)
46 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 Burks v. United States · Greene v. Massey · Ex Parte Prior · Culmore v. State · Stogsdill 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"In ascertaining whether the guilt of the accused has been established to a moral certainty, the appellate court will review evidence in light of the presumption that the accused is innocent. The court will not presume any acts against the accused that are not shown to have been committed by him. Furthermore, a conviction will not be sustained on appeal if the evidence does not sufficiently establish all material elements of the offense charged." [Quoting from Culmore v. State, 447 S.W.2d 915 (Tex.Cr.App.1969).]”
2 later decisions quote this exact passagee.g. Toney v. State · Dempsey v. State““This Court has carefully reviewed the ‘affirmative link’ in-numerous cases. We have held that even when the defendant is present at the scene, there must be additional facts to show knowledge and control, (citations omitted) For example, in Hausman v. State, 480 S.W.2d 721 (Tex.Cr.App.1972) we concluded that even though officers observed persons smoking around a campfire and appellant was found sleeping by the fire with a bag of marijuana one foot from his head, the evidence was insufficient to show exercise of control over the substance.””
1 later decision quote this exact passagee.g. McGuill v. State“It has been consistently held in this State that possession means more than just being where the action is; the State must prove two elements: (1) that the accused exercised care, control, and management over the contraband, and (2) that the accused knew the matter possessed was contraband .... Therefore, there must be additional independent facts and circumstances which affirmatively link the accused to the contraband in such a manner that it can be concluded he had knowledge of the contraband as well as control over it.”
1 later decision quote this exact passagee.g. Marsh 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.