Carter v. State’s Empirical Analysis

Citation profile

19 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Although we note that the State in the instant case attempted to utilize new facts (a different prior ‘conviction’) to establish the fact that appellant was an habitual offender than the State used in their first unsuccessful attempt to prove that factual status, we see little difference between this case and the facts in Ex parte Augusta, [ 639 S.W.2d 481 (Tex.Cr.App.1982) ], Cooper v. State, [ 631 S.W.2d 508 (Tex.Cr.App.1982) ], and Bullard v. Estelle, [ 665 F.2d 1347 (CA5 1982)]. When the trial court granted appellant a new trial, holding that the evidence was insufficient as to an essential element necessary to prove a habitual offender status for punishment enhancement purposes (that being, the finality of the conviction), it essentially granted an acquittal to that disputed question of fact. To allow the State to attempt to prove up appellant’s habitual offender status at a new hearing for the same primary offense when it failed in its proof originally, would be to subject appellant to jeopardy. Since the double jeopardy clause applies to punishment hearings where, in this case, the State failed to prove specific punishment allegations, we conclude that it must preclude the State from retrying appellant as an habitual offender under this primary offense. Having received ‘one fair opportunity to offer whatever proof it could assemble,’ Burks v. United States, 437 U.S. [1], at 16, 98 S.Ct. [2141], at 2150 [ 57 L.Ed.2d 1 (1978) ], the State is not entitled to another.””

   2 later decisions quote this exact passage
   e.g. Ex Parte Gonzales · Briggs v. Procunier

2. “In seeking to fix a defendant’s status as an habitual criminal under § 12.42(d), supra, the State may allege as many of a defendant’s prior final felony convictions as he has. It is necessary, however, that the State allege and prove at least two such valid convictions in order to establish his status as an habitual criminal. If the State alleges and proves three prior convictions, and only one of the convictions is later found to be void, etc., the habitual status of the defendant remains fixed so long as there are two valid convictions.”

   1 later decision quote this exact passage
   e.g. Jeffrey Mark Wesley v. State