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← 676 SW2D 104 - Kelley v. State

Kelley v. State’s Empirical Analysis

1984

Citation profile

39
cited by 39 later decisions
1
states following
January 2022
most recently cited

38 state decisions

How this case has been cited

Cited by 39 later decisions — most recently January 2022 · most notably Meshell v. State (1987), Holmes v. Morales (1996)

38 state decisions

18019841990200020102020decided

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 Morrow v. Corbin · Carter v. State · Schneider v. State · State Farm Mutual Automobile Insurance Co. v. Worley · Kelley 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(1) conduct hearings; (2) hear evidence; (3) compel the production of relevant evidence; (4) rule on the admissibility of evidence; (5) issue summons for the appearance of witnesses; (6) examine witnesses; (7) swear witnesses for the hearing; (8) make findings of fact on the evidence; (9) formulate conclusions of law; (10) rule on pretrial motions; (11) recommend the rulings, orders, or judgment to be made in the case; (12) regulate all proceedings in a hearing before the magistrates; and (13) do all acts and take all measures necessary and proper for the efficient performance of the duties required in the order of referral. (b) The order of referral may limit the powers of the magistrate and direct the magistrate to report only on specific issues, do particular acts, or receive and report on evidence only. The order may set the time and place for the hearing, prescribe a closing date for the hearing, and provide for a date for the filing of the magistrate's findings. (c) A magistrate appointed under this Act to whom a case is referred may not enter a ruling on any issue of law or fact of which the determination thereon could result in dismissal or require the dismissal of a pending criminal prosecution. A magistrate may, however, make findings, conclusions, and recommendations on such issues, within the scope of the order of referral. ....”
    2 later decisions quote this exact passage
  2. ““No act of the magistrate is legally binding unless and until the magistrate’s actions are adopted by the referring court. They have no power of their own and are unable to enforce any ruling. Accordingly, it is apparent from the face of the statute that the magistrates act only as the agents of the district court, with proper supervision by the district court.””
    2 later decisions quote this exact passage
  3. ““To refer a case to a magistrate, the judge shall issue an order of referral specifying the duties of the magistrate.” (Emphasis supplied.)”
    2 later decisions quote this exact passage

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.