Brooks v. State’s Empirical Analysis
1979
Citation profile
26 state decisions
How this case has been cited
Cited by 38 later decisions (2 by the Supreme Court) — most recently April 2018 · most notably Woods v. Texas (1981), Russell v. State (1983)
26 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 Witherspoon v. Illinois · Jurek v. Texas · Livingston v. Texas · Albrecht v. State · Moore v. Texas
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““This Court has stated that in determining the likelihood of whether or not a defendant would be a continuing threat to society, the jury could consider whether the defendant had a significant criminal record. It could consider the range and the severity of his prior criminal conduct. It could further look to the age of the defendant and whether or not at the time of the commission of the offense he was acting under duress or under the domination of another. It could also consider whether the defendant was under an extreme form of mental or emotional pressure, something less, perhaps, than insanity but more than the emotions of the average man, however inflamed, could withstand.” (Citations omitted.)”
1 later decision quote this exact passagee.g. Huffman v. State“The charge reads in pertinent part: Therefore, if you find from the evidence beyond a reasonable doubt that the defendant, Mario Marquez, did, in Bexar County, Texas, on or about the 27th day of January, A.D., 1984, intentionally cause the death of an individual, namely, Rachel Gutierrez, by strangling the said Rachel Gutierrez with a ligature, and the said Mario Marquez did then and there intentionally cause the death of the said Rachel Gutierrez while in the course of committing or attempting to commit the offense of aggravated sexual assault upon Rachel Gutierrez, you will find the defendant guilty of capital murder.”
1 later decision quote this exact passagee.g. Marquez v. State““The circumstances of the offense itself can sustain a ‘yes’ answer if they are severe enough, Burns v. State, 556 S.W.2d 270 (Tex.Cr.App.1977); ... Muniz v. State, 573 S.W.2d 792 (Tex.Cr.App.1978), or can fail to support it if they are not and are unsupplemented by other evidence, Warren v. State, 562 S.W.2d 474 (Tex.Cr.App.1978); Muniz v. State, supra.”
1 later decision quote this exact passagee.g. Horne 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.