Hunter 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. “[The defendant’s] timely appeals on the merits of his burglary indictment and the revocation of his probation removed that proceeding from the probated or suspended sentence category of Article 37.07. The probated or suspended sentence history made admissible under Article 37.07 contemplates a sentence which is still in effect and has not been revoked or one which has been successfully completed by the probationer. Once a probated sentence has been revoked, a final conviction is necessary for its admissibility at the punishment phase of a trial for some other offense.... [[Image here]]”

   2 later decisions quote this exact passage
   e.g. Taylor v. State · Ybarra v. State

2. “As indicated in our earlier opinion, Article 42.12, sec. 3d(b) [of the Texas Code of Criminal Procedure], states that after an adjudication of guilt, all proceedings, including assessment of punishment, pronouncement of sentence, granting of probation, and defendant’s appeal continue as if the adjudication of guilt had not been deferred. The probation is not simply revoked, it is annulled. Appellant is in the same posture he was in on the day he entered his plea. His appeal goes to the initial proceeding; he has, in fact, no right to appeal the decision to proceed to an adjudication of guilt. Should this appeal be successful, the entire conviction is reversed. This is distinct from an individual who appeals from the revocation of an ordinary probation under Section 3, and Subsections 3a and 3e [of article 42.12]. In those cases, a successful appeal places the individual back on probation. The appeal following revocation of a deferred adjudication probation is in essence an appeal from a guilty plea, and the range of errors which may be raised are accordingly restricted. As a practical matter, the chances of obtaining reversal may be slight, but whether such a prior conviction is admissible under Article 37.07 does not depend upon appellate probabilities but upon the proper characterization of the status of the prior cause. [The defendant’s] prior conviction was not final at the time of this trial. Nor was it a probated or suspended sentence case, that aspect having been nulli”

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

3. ““A motion to revoke and capias do not toll the running of the probationary period. [Citations omitted.] The probation continues to run and may, in fact, expire. The timely filing of a motion to revoke and issuance of a capias will preserve only those alleged violations contained therein, and will permit revocation on that basis even after the probationary period has expired.” 640 S.W.2d 656,659 (Tex. App. 1982).”

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