Franklin v. State’s Empirical Analysis
1979
Citation profile
2 federal appellate · 44 state decisions
How this case has been cited
Cited by 47 later decisions (1 by the Supreme Court) — most recently January 2015 · most notably Franklin v. Lynaugh (1988), Sharp v. State (1986)
2 federal appellate · 44 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 Simmons v. United States · Gregg v. Georgia · Witherspoon v. Illinois · Doyle v. Ohio · Furman v. Georgia
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[I]t is a general rule of evidence that the prior silence of a witness as to a fact to which he has testified, where such silence occurred under circumstances in which he would be expected to speak out, may be used to impeach the witness during cross-examination.””
2 later decisions quote this exact passage“Do you find from the evidence beyond a reasonable doubt that the conduct of the Defendant, Donald Gene Franklin, that caused the death of Mary Margaret Moran, was committed deliberately and with the reasonable expectation that the death of the deceased or another would result? "Do you find from the evidence beyond a reasonable doubt that there is a probability that the Defendant, Donald Gene Franklin, would commit criminal acts of violence that would constitute a continuing threat to society?”
1 later decision quote this exact passagee.g. Franklin v. Lynaugh“"Where only one transaction is charged, and different counts are contained in the indictment to meet possible variations of proof, the State is not required to elect upon such counts. Nor may an election be compelled where different counts charging the same offense are drawn to prevent a variance and there is evidence to support each count. Floyd v. State, 164 Tex.Cr.R. 50 , 296 S.W.2d 523 (1956); Smith v. State, 141 Tex.Cr.R. 387 , 148 S.W.2d 844 (1941)."”
1 later decision quote this exact passagee.g. Cook 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.