Mooney v. State’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In Wooten v. State, 612 S.W.2d 561, 563 (Tex.Cr.App.) we held: “ ‘If the plea was entered with such an agreement or understanding that the merits of the motion would be preserved for appeal, then the trial court was not authorized by State law to accept such a plea.... As a matter of constitutional law a guilty plea cannot be said to have been voluntary if it was induced by an agreement approved by the court that a question could be appealed when that agreement could not be fulfilled.’ (Emphasis added.) “Because the trial court lacked authority to accept Dean Mooney’s conditional plea, the conviction must be set aside even though the issue was not raised in appellant’s brief. Killebrew v. State, 464 S.W.2d 838 (Tex.Cr.App.). Furthermore, since the plea was involuntary as a matter of constitutional law, Wooten, supra, the conviction violates due process and would be subject to collateral attack. See Henderson v. Morgan, 426 U.S. 637 , 96 S.Ct. 2253 , 49 L.Ed.2d 108 (1976).””

   2 later decisions quote this exact passage
   e.g. Christal v. State · Crawford v. State

2. “[b]ut if the appeal is from a judgment rendered on a defendant’s plea of guilty or nolo contendere under- Code of Criminal Procedure article 1.15, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant, the notice must: (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.”

   1 later decision quote this exact passage
   e.g. Cooper v. State

3. “Just as the plea itself no longer waives the right to complain of pre-trial rulings on appeal, so the [judicial] confession or admission will not bar an appellate court from reaching the merits of [those matters which have been raised by written motion filed prior to trial].”

   1 later decision quote this exact passage
   e.g. Ex Parte Stansbery