Ex Parte Kirby’s Empirical Analysis
1981
Citation profile
11
cited by 11 later decisions
1
states following
September 1994
most recently cited
8 state decisions
Relationships
Relies on American Plant Food Corporation v. State · Garcia v. Dial · Ex Parte Cannon · Goss v. State · Tew 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Jurisdictional defects, which may be raised at any time, must be distinguished from defects requiring a motion to quash. When the indictment is challenged as not having provided the defendant with adequate notice of the acts alleged, the indictment is examined from the defendant’s viewpoint. Therefore, the issue is waived if not raised by motion because it is presumed that the indictment gives sufficient notice for preparation of a defense if he proceeds to trial without complaint. American Plant Food Corp. v. State, 508 S.W.2d 598 (Tex.Cr.App.1974).”
1 later decision quote this exact passage · from the concurrencee.g. MacLeod 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.