Ex Parte Howard’s Empirical Analysis
1985
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently November 2016
10 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 McNew v. State · 156 Tex. Crim. 228 - Wilson v. State · McDougal v. State · Kelley v. State · Ex Parte Salfen
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Applicant insists that the magistrate’s actions in receiving his plea and confession [at the hearing on the motion to adjudicate] were tantamount to presiding over a trial upon the merits, which is specifically prohibited by Sec. 4(b).[ 1 ] But ... we hold that a hearing to proceed to adjudication is one of the other matters contemplated by See. 4(a)(6).[ 2 1 Where, as here, the judgment of the court is an independent action of the court and the magistrate’s role is limited to advisory and fact-finding functions as provided by [former] Art. 1918c, we see no error in permitting the magistrate to preside over the hearing to proceed to adjudication.”
1 later decision quote this exact passage · from the concurrencee.g. Gary v. State“[i]t should be kept in mind that [appellant's] plea of `true' to the allegations of the motion to proceed to adjudication was also made pursuant to a plea bargain,”
1 later decision quote this exact passage · from the dissente.g. Vidaurri 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.