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← 587 SW2D 144 - Ramirez v. State

Ramirez v. State’s Empirical Analysis

1979

Citation profile

13
cited by 13 later decisions
1
states following
November 1994
most recently cited

13 state decisions

Relationships

Relies on Burks v. United States · United States v. Wilson · Miller v. State · Ex Parte Hill · Benard 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “In Benard v. State, [ 481 S.W.2d 427, 430 (Tex.Crim.App.1972)], we stated that “[i]t is generally recognized that a void proceeding has no effect in support of a plea of former conviction.” What the opinion meant by “void proceeding” can be gleaned from an examination of the authorities cited to support that statement, all of which stood for the principle that a conviction or acquittal in a court without jurisdiction is a nullity and will not support a plea of former conviction or acquittal.”
    1 later decision quote this exact passage
  2. ““A trial court may order a new trial under the provisions of Article 40.09, Sec. 12, V.A.C.C.P., but it has no authority under this provision until its quasi-appellate jurisdiction has been invoked by the filing of a notice of appeal. See Art. 44.08, V.A.C.C.P. . . . Taking an appeal is also solely within the power of the defendant. The court was without authority to grant a new trial in this case since appellant had never filed a motion for new trial nor given notice of appeal.””
    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.