McIntyre v. State’s Empirical Analysis

Citation profile

2 federal appellate · 10 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"... [T]he true objective ... is to divert the accused from the rest of the gauntlet run of the criminal justice system and the function of the trial court is to enter into a clearly understood pact with the accused that will induce and persuade him to follow the diversionary road. That the Legislature authorized the trial court as an inducement and encouragement to utilize `probation' does not necessarily mean that the Legislature had `regular' probation in mind for it prescribed only `such reasonable conditions' as the trial court `may require' and for `such period' as the court may prescribe [not to exceed two years for conditional discharge and ten years for deferred adjudication]. Meanwhile, a judgment of guilt is not entered, punishment, as such, is not assessed and, of course, sentence has neither been imposed nor suspended. In essence, what has happened is that the movement of the course of developments in the criminal action has been temporarily stilled and the accused has been permitted to demonstrate his capacity for prescribed good behavior during a specified period. If he succeeds, the movement is reversed and disappears; however, should he fail, the movement in the criminal action continues with the normal incidents of trial."”

   3 later decisions quote this exact passage
   e.g. United States v. Giraldo-Lara · Cabezas v. State

2. “After an adjudication of guilt, all proceedings, including assessment of punishment, pronouncement of sentence, granting of probation, and defendant’s appeal continue as if the adjudication of guilt had not been deferred. [See Walker, supra.]”

   1 later decision quote this exact passage
   e.g. Williams v. State

3. “a matter of absolute discretion to be exercised by the trial court without review by this Court,” and held that determination “is not reviewable by this Court on an appeal from the judgment and subsequent sentence.”

   1 later decision quote this exact passage
   e.g. Ex Parte Hernandez