Ceaser v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"At the pretrial hearing under Art. 28.01, Sec. 1(2), the trial court is required to `determine' the `Pleadings of the defendant.' The defendant's pleadings are those set out in Art. 27.02, V.A.C.C.P., and (7) thereof lables as a pleading `[a]n election, if any, to have the jury assess the punishment if he is found guilty.' "... Principal reliance [by appellant] is upon language found in Toney v. State, 586 S.W.2d 856, 858 (Tex.Cr.App.1979), where the court was passing upon a complaint that it was error to permit the State to interrogate the jury panel on punishment. In Toney , the court did not mention an Art. 28.01 pretrial hearing, but, in disposing of the contention then before it, said: `The election must be made at the time the defendant enters his plea in open court. This has been interpreted to mean at the time the defendant makes his plea to the indictment before the jury.... In appellant's case, the alleged error occurred during voir dire of the jury panel, clearly well before any plea to the indictment by appellant. Therefore, appellant still had the election available and could choose to exercise it.'”

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

2. “See also, the general rule set out in 73 Am.Jur.2d, Statutes § 186, at 386 (1974). The provisions of Section 3.01, Code Construction Act, Tex.Rev.Civ.Stat. Ann. art. 5429b-2 (Supp.1980-1981), creates a presumption that the entire statute was intended to be effective and that a just and reasonable result was intended. The Code Construction Act is applicable to the Code of Criminal Procedure. Barbee v. State, 432 S.W.2d 78, 82 (Tex. Cr.App.1968).”

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

3. “If, on the other hand, a pretrial hearing is held, the defendant would be required to file his pleadings—his pleadings including his election to have the jury assess his punishment (under Art. 27.02(7)—within the time prescribed by Art. 28.01, § 1(2).”

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