Semaire v. State’s Empirical Analysis
1980
Citation profile
27 state decisions
How this case has been cited
Cited by 27 later decisions — most recently November 2008 · most notably State v. Faulkner (1984), Werner v. State (1986)
27 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 Warren v. State · Thomas v. State · Davis v. State · Rodriquez v. State · Black v. Kansas City Southern Railway Co.
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A person is justified in using deadly force against another: “(1) if he would be justified in using force against the other under Section 9.31 of this code; “(2) if a reasonable person in the actor’s situation would not have retreated; and “(3) when and to the degree he reasonably believes the deadly force is immediately necessary: “(A) to protect himself against the other’s use or attempted use of unlawful deadly force; ...””
4 later decisions quote this exact passagee.g. Preston v. State · Werner v. State“(1) if he would be justified in using [non-deadly] force against the other under Section 9.31 of this [Penal] code; (2) if a reasonable person in the actor’s situation would not have retreated; and (3) when and to the degree he reasonably believes the deadly force is immediately necessary: (A) to protect himself against the other’s use or attempted use of unlawful deadly force; or (B) to prevent the other’s imminent commission of ... murder_”
3 later decisions quote this exact passage · from the dissente.g. Riddle v. State · Kelley v. State““ ‘The use of force against another is not justified ... if the actor provoked the other’s use or attempted use of unlawful force.’ V.T.C.A., Penal Code, Section 9.31(b)(4) (in pertinent part). ‘One who provokes a difficulty, intending then to injure his opponent when the latter responds to the provocation, is not justified in using force against his opponent when the latter responds. This is the common law, long recognized in Texas, and it is codified in Subsection (b)(4) ... ’ [emphasis in original] ... Inasmuch as the appellant expressly denied any intent to harm his wife when he broke into the apartment, the evidence created only a question for the jury on provocation.” (emphasis supplied) 612 S.W.2d at 531 .”
2 later decisions quote this exact passage
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.