Ex Parte Moser’s Empirical Analysis
1980
Citation profile
39 state decisions
How this case has been cited
Cited by 39 later decisions — most recently March 2010 · most notably Polk v. State (1985), Martin v. State (1988)
39 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 Kemner v. State · Jones v. State · Emerson 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The jury verdict in this case being an affirmative finding that the defendant is convicted of a felony of the first degree and that he used a firearm during the commission of the offense and the court further also affirmatively finding that the defendant is convicted of a felony of the first degree and that he used a firearm in the commission of the offense, and the defendant having been granted probation, the Court accordingly, under the provisions of Article 42.12.3f(b) of the Code of Criminal Procedure, orders that the defendant be confined in the Texas Department of Corrections for not less than sixty (60) nor more than one hundred twenty (120) days .. .. ””
4 later decisions quote this exact passagee.g. Davis v. State · Else v. State““... In these circumstances, the verdict necessarily included a finding that the applicant committed murder by shooting the individual with a pistol. Therefore, this verdict must amount to an affirmative finding that the applicant used a firearm in the commission of the offense.””
4 later decisions quote this exact passagee.g. Chavez v. State · Delgado v. State“"... We should not be understood to hold that this method is the only, or even the better, way to make such a finding. Different indictments, instructions, or forms of verdict obviously might make such a method inadequate to comply with the statute. Nor should we be understood to say that instructions or special issues would be improper or unnecessary in a given case. These questions are not presented today.””
3 later decisions quote this exact passagee.g. Hooks v. State · Davis 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.