Dean 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. ““Appellant’s third and fourth grounds of error both rely on the premise that there was a valid expunction order expunging all files and records relating to appellant’s original arrest for the offense that is the subject of this appeal. Appellant’s third ground of error is that the trial court erred in denying his motion to quash the indictment since the State obtained the indictment through the use of files and records that should have been destroyed pursuant to an order of ex-punction. His fourth ground of error is that the trial court erred in denying appellant’s motion to suppress evidence in that the evidence in question constituted a record or file that should have been destroyed pursuant to an order of ex-punction. We conclude, however, that the record does not contain a valid order expunging these records or files. We come to this conclusion because the magistrate who issued the expunction order in the record had no authority to do so. The Magistrate’s Act, TEX.REV.CIV. STAT.ANN. art. 1918c, Sec. 4(a) (Vernon Supp.1985) provides that ‘[t]he judge of a court having a magistrate appointed as provided by this Act may refer to the magistrate any criminal case ...’ (emphasis added). An expunction case is not a criminal case but, rather, a civil case. State v. Henson, 573 S.W.2d 548 (Tex.Cr.App.1978) (en banc), overruled on other grounds, Weiner v. Dial, 653 S.W.2d 786, 787-88 (Tex.Cr.App.1983); Texas Department of Public Safety v. Wiggins, 688 S.W.2d 227, 229 (Tex.App.-El P”

   1 later decision quote this exact passage
   e.g. Dean v. State