White v. State’s Empirical Analysis

Citation profile

37 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(A) specify that the appeal is for a jurisdictional defect; (B) specify that the substance of the appeal was raised by written motion and ruled on before trial; or (C) state that the trial court granted permission to appeal.”

   4 later decisions quote this exact passage · from the majority
   e.g. Johnson v. State · Rauscher, Michael Adam v. State

2. “[procedural rules provide a framework within which to appeal errors that occurred in the trial court, including errors in jurisdiction. Failure to follow these rules does not result in a waiver of jurisdiction; it merely does not properly invoke the jurisdiction of the appellate court. We see no reason why the notice requirements of Rule 25.2(b)(3)(A) should be viewed any differently than the requirements of the other Rules of Appellate Procedure. What an appellant must put into a notice of appeal under Rule 25.2(b)(3)(A) is a purely procedural question, leaving his substantive right to appeal jurisdictional errors unaffected. Failure to properly invoke the jurisdiction of an appellate court under Rule 25.2(b)(3)(A) does not waive a claim of jurisdictional error. A plea-bargaining defendant can challenge the trial court’s jurisdiction in an application for writ of habeas corpus. Not only does Rule 25.2(b)(3)(A) not abridge an appellant’s right to appeal a jurisdictional defect on direct appeal, failure to comply with the Rule’s requirements does not affect an appellant’s right to bring a jurisdictional claim in a post-conviction writ of habeas corpus. We hold that the notice requirements set forth in Rule 25.2(b)(3)(A) should be interpreted according to their plain meaning. Requiring that an appellant specify that an appeal is for a jurisdictional defect in no way affects his substantive right to challenge on appeal the jurisdiction of the trial court over his plea bargain. R”

   1 later decision quote this exact passage · from the majority
   e.g. Zacarias Medina v. State

3. “state that the trial court granted permission to appeal.” Former Rule 40(b)(1), in relevant part, provided that, “in order to prosecute an appeal for a nonjurisdictional defect or error that occurred prior to entry of the plea,” a defendant's notice of appeal from a plea-bargained conviction”

   1 later decision quote this exact passage · from the majority
   e.g. Johnson v. State