Howard v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““... Section 4(a)(1) is applicable because the plea bargain agreement in question was, for purposes of article 1918c, a ‘negotiated’ plea of guilty before the court within the meaning of that section. In exchange for appellant’s agreement to plead guilty, the State agreed that the sentence in a related case against appellant ... would be identical to and would run concurrently with the sentence in this case. Section 4(b) is not applicable because the portion of the proceedings presided over by the magistrate was no part of a trial on the merits; the portion which was tried on the merits was presided over by a judge holding the proper constitutional power. A trial is a ‘judicial investigation and determination of the issues between the parties.’ Gulf C. & S.F. Railway Company v. Muse, 109 Tex.Crim. 352 , [ 109 Tex. 352 ], 207 S.W. 897, 899 (1919). It is axiomatic that issues which are undisputed and therefore not contested by the parties do not need to be judicially investigated. Because appellant’s guilt was not in dispute, the only issue requiring judicial determination was the appropriate sentence. That issue was judicially determined by Judge Loving. Appellant’s first ground of error is overruled.””

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

2. ““Sec. 4. (a) The judge of a court having a magistrate appointed as provided by this Act may refer to the magistrate any criminal case for proceedings involving: (1)negotiated pleas of guilty before the court; (2) bond forfeitures; (3) pretrial motions; (4) postconviction writs of habeas corpus; (5) conducting examining trials; (6) any other matters that the judge deems necessary and proper, except as otherwise provided by Subsection (b) of this section. (b) In no event may a judge refer to a magistrate in a criminal case permitting the magistrate to preside over a trial on the merits, either with or without a jury.””

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

3. “In no event may a judge refer to a magistrate a criminal case permitting the magistrate to preside over a trial on the merits, either with or without a jury.”

   1 later decision quote this exact passage
   e.g. Ex Parte Howard