Wilson v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Bearing in mind the primary purpose of the Speedy Trial Act, as announced in Barfield, the relationship between the primary charge and the enhancement allegations is critical in assessing the consequences of reindictment. The habitual offender statute does not create an offense. It merely provides a more severe punishment for repeated criminal behavior. Porier v. State, 591 S.W.2d 482 (Tex.Crim.App.1979). The enhancement allegations are not substantive elements of the primary offense charged. They are a guide for the court or the jury in assessing punishment. Passmore v. State, 544 S.W.2d 399 (Tex.Cr.App.1976). Therefore, Appellant’s right to a speedy trial related to the primary offense of attempted burglary. This charge was not changed in the reindictment, and the State’s original announcement of ready as to this allegation carries forward through the second indictment to the time of trial. The record reveals a situation in which the usual non-prosecutorial delays afforded the State an opportunity to enhance the punishment aspect of its case. We do not interpret the Speedy Trial Act to prohibit this opportunism.”

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

2. ““In both Whitmore and the present case, the appellants testified in their own behalf. In Whitmore , however, the co-defendant’s potential testimony addressed relevant facts to which the appellant was not privy. In the instant case, Rawlins’ testimony at the hearing on appellant’s motions reflects the same evidence which appellant himself put before the jury. As a result, it is cumulative and corroborative only. There was no error in denying the motion for new trial”

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

3. “The order of trial dictates that voir dire be conducted prior to the deadline for election as to sentencing.”

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