Borgen v. State’s Empirical Analysis
1984
Citation profile
25 state decisions
How this case has been cited
Cited by 25 later decisions — most recently May 2002 · most notably Drew v. State (1987), Banda v. State (1994)
25 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 Alejandro v. State · Todd v. State · Russell v. State · Romo v. State · Boyde 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The type of argument in the instant case has only been found to be harmless when the argument ‘was a throw-away phrase’ with ‘no logical tie in with the facts or earlier arguments,’ and the defendant failed to object.”
2 later decisions quote this exact passagee.g. Orona v. State · Orona v. State““It is settled that the approved general areas of jury argument, within which all proper arguments must fall re (1) summation of the evidence; (2) reasonable deduction from the evidence; (3) answer to argument of opposing counsel; and (4) plea for law enforcement. Dunbar v. State, 551 S.W.2d 382 (Tex.Cr.App.1977); Alejandro v. State, 493 S.W.2d 230 (Tex.Cr.App.1973). Even when an argument exceeds the permissible bounds of the above areas, such will not constitute reversible error unless, in light of the record as a whole, the argument is extreme or manifestly improper, violative of a mandatory statute or injects new facts, harmful to the accused into the trial proceeding. Kerns. v. State, 550 S.W.2d 91 (Tex.Cr.App.1977); Thompson v. State, 480 S.W.2d 624 (Tex.Cr.App.1972).” (Emphasis added.)”
1 later decision quote this exact passagee.g. Briddle v. State““It is well settled that almost every right, constitutional and statutory, may be waived by the failure to object. For example, see Dunavin v. State, 611 S.W.2d 91 (Tex.Cr.App.1981) (a search case); Nelson v. State, 607 S.W.2d 554 (Tex.Cr.App.1980) (a search case); Moulden v. State, 576 S.W.2d 817 (Tex.Cr.App.1978) (confession case); and Russell v. State, 665 S.W.2d 771 (Tex.Cr.App.1983). As to ‘due process’ and waiver thereof see Crawford v. State, 617 S.W.2d 925 (Tex.Cr.App.1981), and Boulware v. State, 542 S.W.2d 677 (Tex.Cr.App.1976). And now more recently see Rogers v. State, 640 S.W.2d 248 (Tex.Cr.App.1982) (probation revocation case).””
1 later decision quote this exact passagee.g. Johnson 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.