Lowe v. State’s Empirical Analysis
1981
Citation profile
2 federal appellate · 16 state decisions
How this case has been cited
Cited by 18 later decisions — most recently July 2005
2 federal appellate · 16 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 Lloyd Corp. v. Tanner · Williamson Et Al. v. United States · 159 Tex. Crim. 602 - Dempsey v. State · Beecham v. State · Wood 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The defense may offer testimony as to any specific act of violence or misconduct which evidences the violent character of the deceased under the following conditions: “If offered for the purpose of showing the reasonableness of defendant’s claim of apprehension of danger, it must further appear that the acts of violence or misconduct were known to the defendant at the time of the homicide. “But if offered for the purpose of showing that the deceased was in fact the aggressor (not that the defendant thought the deceased was making or about to make an attack) the witness must know but it need not be shown that appellant had knowledge of the acts of violence of the deceased at the time of the homicide. “Before any evidence of deceased’s character for violence becomes admissible, however, there must be evidence of some act of aggression by the deceased which the character evidence tends to explain (such as drawing a gun or reaching for a pocket where one is usually carried).”
1 later decision quote this exact passagee.g. Currie v. State““Applied to the facts of this ease, the question is: Did the appellant’s statement, in her confession, that the deceased hit her first, constitute evidence of an act of aggression which could be explained by the character of the deceased? To put it another way, was the deceased, at the time of the homicide, shown to be manifesting an intention to inflict violence on the appellant? “The statement that the deceased hit the appellant first, plus the evidence that they were quarrelling at the time, show sufficient violence on the part of the deceased to make the second rule applicable. The appellant was entitled to introduce the evidence to show that the deceased was the aggressor. The court’s failure to admit this testimony was prejudicial to the appellant and constitutes reversible error.””
1 later decision quote this exact passagee.g. Jenkins 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.