Travelstead v. State’s Empirical Analysis
1985
Citation profile
42 state decisions
How this case has been cited
Cited by 42 later decisions — most recently March 2008 · most notably Polk v. State (1985), Asberry v. State (1991)
42 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 Polk v. State · Ex Parte Moser · State v. Johnson
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We find that the phrase “the defendant used or exhibited a deadly weapon” implies that the defendant, himself, use or exhibit a deadly weapon during the commission of a felony or flight therefrom. When a defendant is a party ... to the use or exhibition of a deadly weapon, there must be a specific finding by the trier of facts that the defendant himself used or exhibited the deadly weapon.”
10 later decisions quote this exact passagee.g. Turner v. State · LaFleur v. State““(a) The provisions of Sections 3 and 3c of this Article do not apply: (1) * * * (2) to a defendant when it is shown that the defendant used or exhibited a deadly weapon as defined in Section 1.07(a)(ll), Penal Code, during the commission of a felony offense or during immediate flight therefrom. Upon affirmative finding that the defendant used or exhibited a deadly weapon during the commission of an offense or during immediate flight therefrom, the trial court shall enter the finding in the judgment of the court. Upon an affirmative finding that the deadly weapon the defendant used or exhibited was a firearm, the court shall enter that finding in its judgment.” 1”
3 later decisions quote this exact passagee.g. Flores v. State · Ortiz v. State“[I]f you find and believe from the evidence beyond a reasonable doubt that the defendant, Larry Dean Turner, acting either alone or as a party to the offense, if any, on or about the 28th day of December, 1985, in the County of Dallas and State of Texas did then and there knowingly or intentionally cause the death of Richard Harold Hodge, an individual, by stabbing the said Richard Harold Hodge with a deadly weapon, to-wit: a knife, then you will find the defendant guilty of murder, as charged in the indictment.”
1 later decision quote this exact passagee.g. Turner 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.