Gordon v. State’s Empirical Analysis
1983
Citation profile
11 state decisions
How this case has been cited
Cited by 14 later decisions — most recently February 2013
11 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Burks v. United States · Greene v. Massey · Landry v. Travelers Insurance Company · Brown v. State · Palmer 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]f a defendant does not testify at the guilt stage of the trial, but does testify at the punishment stage of the trial, and admits his guilt to the crime for which he has been found guilty, he has, for legal purposes, entered the equivalent of a plea of guilty. The law as it presently exists is clear that such a defendant not only waives a challenge to the sufficiency of the evidence, but he also waives any error that might have occurred during the guilt stage of the trial.”
2 later decisions quote this exact passage · from the concurrence“dealt with the sufficiency of the evidence, where defendant had admitted guilt only at the penalty stage of the trial, and reversal for lack of sufficient evidence would mean use of his testimony at any retrial. These cases may well be questioned in light of [Burks and Greene], particularly if a motion for instructed verdict is erroneously overruled at the guilt stage of the trial. [emphasis added]”
2 later decisions quote this exact passage · from the concurrencee.g. Jones v. State · Jacobson, Jonathan“Let there be no mistake about the matter. The [DeGarmo doctrine] is indeed a harsh [rule of law], and will usually prevent most defendants, in any kind of bifurcated criminal trial from testifying at the punishment stage of trial, because they will fear that by testifying it may cause waiver of any error which may have occurred during the guilt stage of the trial. ****** I, therefore, write this concurring opinion only to put defendants and their counsel on notice of what they may expect if the defendant decides to testify at the punishment stage of the trial, and during his testimony makes the equivalent of a plea of guilty to the offense for which he is on trial.”
1 later decision quote this exact passage · from the concurrencee.g. McGlothlin 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.