Yates v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Prosecutor]: Your Honor, Art. 44.04 of the Code of Criminal Procedure sets out the bond on appeals. Under that section the Court can even deny bail and commit the defendant to custody if the sentence is less than 15 years if he has good cause to believe that the defendant would not appear. It appears that Mr. Harris does make his court appearances. But also if the Court has good cause to believe that the defendant is likely to commit another offense while out on bail. I believe that the criminal history that Mr. Harris has admitted to would prove to the Court beyond a reasonable doubt that he is likely to commit another offense. [[Image here]] I think the Court it [sic] wise in setting a very high bond in this case to keep him from going out and committing another offense, and the Court has good cause to believe that it’s likely he would do that. [[Image here]] THE COURT: I think because of his bad record, I just wouldn't feel right in lowering the bond any. I’d hate to put that upon the citizens of Travis County. Maybe the Court of Appeals will, but at least that won’t be on my back. I just feel a duty to the community to protect the community. If he’d get out and kill someone, I’d never get over it. I’d rather see him in jail than to see someone’s life taken, so I’m going to deny the writ and let you go on up to the Court of Appeals and see what they do about it. I just wouldn’t feel right with this horrible record.”

   1 later decision quote this exact passage · from the majority
   e.g. Ex Parte Harris

2. “Yates also appeals in these cases from the orders revoking his probation a second time pending his appeal from the first revocation orders. The Court of Criminal Appeals in Nicklas v. State, 530 S.W.2d 537 (Tex.Cr.App.1975), held that when an appeal is taken from an order revoking probation, the probationary period continues to run unabated. In Ex parte Miller, 552 S.W.2d 164, 165 (Tex.Cr.App.1977), that court held that although a defendant’s probation is revoked, if an appeal is taken from the revocation order, then pending the determination of the appeal the defendant is still subject to the conditions of probation and arrest for any violation of those conditions during the period of probation. A necessary implication under such decisions is that a defendant is also subject to subsequent revocation of his probation pending appeal from a prior order of revocation. Thus we have concluded that the second revocation hearings and orders of revocation entered by the trial court were authorized. It appears that our decision today affirming the first revocation orders renders the appeal from the second revocation orders moot; however, because our decision is subject to review, we address the merits here presented.”

   1 later decision quote this exact passage · from the majority
   e.g. Herrera v. State