Polk v. State’s Empirical Analysis
1985
Citation profile
1 federal appellate · 161 state decisions
How this case has been cited
Cited by 167 later decisions — most recently September 2017 · most notably Ex Parte Cruz (1987), Fransaw v. Lynaugh (1987)
1 federal appellate · 161 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 Specht v. Patterson · Railroad Commission of Texas v. Shell Oil Co. · United States v. Taylor · Denbow v. Standard Accident Insurance · Barbee 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 167 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) a special issue on the use or exhibition of a deadly weapon is answered affirmatively by the jury; or (2) the jury finds the defendant “guilty as charged in the indictment,” and the indictment alleges that the defendant used a deadly weapon, or used a firearm, which is a deadly weapon per se.”
20 later decisions quote this exact passage“... when it is shown that a deadly weapon as defined in Section 1.07, Penal Code, was used or exhibited during the commission of a felony offense or during immediate flight therefrom, and that the defendant used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited. On an affirmative finding under this subdivision, the trial court shall enter the finding in the judgment of the court....”
11 later decisions quote this exact passagee.g. Ex Parte McLemore · Ex Parte Poe“because the jury found appellant guilty 'as charged in the indictment' the majority has inferred appellant used a firearm from the fact that he did cause death by shooting deceased with something called a 'handgun'.”
3 later decisions quote this exact passagee.g. Ex Parte McLemore · Ex Parte Poe
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.