McDougal v. State’s Empirical Analysis

Citation profile

44 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) ... [W]hen in the [trial] judge’s opinion the best interest of society and the defendant will be served, the judge may, after receiving a plea of guilty or plea of nolo contendere, hearing the evidence, and finding that it substantiates the defendant’s guilt, defer further proceedings without entering an adjudication of guilt, and place the defendant on community supervision. However, upon written motion of the defendant requesting final adjudication filed within 30 days after entering such plea and the deferment of adjudication, the judge shall proceed to final adjudication as in all other cases. (b) On violation of a condition of community supervision imposed under Subsection (a) of this section, the defendant may be arrested and detained.... The defendant is entitled to a hearing limited to the determination by the court of whether it proceeds with an adjudication of guilt on the original charge. . No appeal may be taken from this determination. After an adjudication of guilt, all proceedings, including assessment of punishment, pronouncement of sentence, granting of community supervision, and defendant’s appeal continue as if the adjudication of guilt had not been deferred.”

   4 later decisions quote this exact passage · from the concurrence
   e.g. Ex Parte Howard · Homan v. Hughes

2. “On this 18th day of April, 1983, this cause was called for trial, and came the County Attorney for Childress County, Texas, and came the Defendant in person; and the Defendant, having been duly arraigned, entered a plea of guilty to the charge set forth in the informa tion, and waived trial by jury. The Court having heard the information read and the evidence submitted thereon, it is considered and adjudged by the Court that the Defendant is guilty as charged in the information of the offense of Driving while intoxicated (M) and assess his punishment at a fine of $350.00 and 90 days confinement in the Childress County Jail, together with all costs in this behalf incurred. It appearing to the Court, however, that before this trial Defendant made application in writing and under oath to the Court for probation herein; and it further appearing to the Court that Defendant satisfies the requirements of the Misdemeanor Probation Law of Texas and that the ends of justice and the best interests of society and of the Defendant will be served by granting Defendant probation in this cause. IT IS THEREFORE CONSIDERED, ORDERED AND ADJUDGED that the finding of guilty herein shall not be final, that no judgment be rendered thereon, and that Defendant be, and is hereby placed on probation in this cause for a period of 12 months from this date, on the following terms and conditions, to-wit: That he pay all costs herein incurred, and that during the term of such probation he shall: [terms of p”

   1 later decision quote this exact passage · from the concurrence
   e.g. Albritton v. State

3. “"... [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."”

   1 later decision quote this exact passage · from the concurrence
   e.g. Cabezas v. State