Lowry v. State’s Empirical Analysis
1985
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently May 2008
12 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 In the Matter of Samuel Winship · Mullaney v. Wilbur · Brazos River Authority v. City of Graham · Crocker v. State · Ex Parte Davis
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In the instant case, § 25.05 requires that, as an element of the offense, the State must prove the defendant’s ability to provide support. Subsection (f) then requires the defendant to prove his inability to provide support as an affirmative defense. Despite the statute’s use of the term “‘affirmative defense,’” § 25.05(f) serves to shift to the defendant the burden of disproving an element of the offense, thereby depriving the defendant of his right of due process.”
1 later decision quote this exact passage““(a) An individual commits an offense if he intentionally or knowingly fails to provide support that he can provide and that he was legally obligated to provide for his children younger than 18 years, or for his spouse who is in needy circumstances. (f) It is an affirmative defense to prosecution under this section that the actor could not provide the support that he was legally obligated to provide.””
1 later decision 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.