Kelley v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) render a judgment in such plea; (b) sentence the defendant; (c) provide for such conditions of probation, including restitution, as may be deemed appropriate by the Magistrate, if applicable; (d) approve such waivers or documents as might be appropriate; and (e) sign on behalf of the Court and cause to be delivered to defendant the Condition of Probation, if applicable.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Kelley v. State · Ex Parte Stacey

2. ““that when the Constitution of the State of Texas created district courts and vested jurisdiction of the present case in one of those courts, that Constitution requires that the person occupying the office of judge of that court—and not a surrogate appointed by that judge— make the judicial decisions concerning ‘the ends of justice,’ and ‘the best interests of the public’ and ‘the best interests ... of the defendant’ required by Article 42.13 [Sec.] 3. Accordingly, we hold that under the Constitution of the State of Texas only the judge of the Criminal District Court of Dallas County held the judicial power of the State of Texas to make a final decision on whether appellant should be placed on probation pursuant to Article 42.13 [Sec.] 3 and that this judicial power cannot be delegated to a surrogate. By virtue of an impermissible application of Article 1918c appellant has been denied probation solely by a person not then holding the judicial power of the State of Texas to deny probation. 1 Thus we conclude that the ‘tribunal’ which conducted the hearing on appellant’s application for probation and denied with finality that motion was one not constitutionally authorized to so act.” Kelley, 669 S.W.2d at 332-333 .”

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

3. “Petitioner was tried by a court without jurisdiction and in violation of Article 1918c, V.A.T.S., in that the evidence which was adduced in support of the State's motion to adjudicate his conviction was heard without agreement on the part of petitioner before an appointed magistrate and not before a district judge in violation of the Constitution of the State of Texas and Article 1918c, Sections 4(b) and (c). Petitioner was denied his right to trial before a duly qualified judge of this State. In this regard, Petitioner would show that his adjudication was a trial on the merits on the issue of punishment and that no plea bargain agreement affected the punishment assessed by the court.”

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