Wissinger v. State’s Empirical Analysis
1985
Citation profile
2 federal appellate · 10 state decisions
How this case has been cited
Cited by 12 later decisions — most recently December 2014
2 federal appellate · 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 Moore v. Illinois · Polk v. State · Haecker v. State · Jackson v. State · DeVary 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The appellant asked that the court withhold its finding of guilt in order that it could consider her for deferred adjudication. The appellant asked that a pre-sentence investigation report be conducted, no doubt hoping that the report would persuade the judge to deal with her leniently. Thus, it was inevitable that the judge would consider the report before finding the appellant guilty. Otherwise, deferred adjudication would not have been an option. The procedure did not violate the appellant’s rights and did not risk any of the due process violations condemned in the McDonald cases.”
1 later decision quote this exact passagee.g. Blalock v. State“Id. at 264 . Under Texas law a gun was not per se a deadly weapon, and the indictment did not contain any allegation that the defendant had used a deadly weapon in committing the murder. Nevertheless, after the defendant pleaded no contest to the acts alleged in the indictment, the court, in reliance on findings by the presentence report, entered a deadly weapon finding. On appeal, the defendant alleged that she was denied due process because she did not have notice that the state would seek an affirmative finding of the use of a deadly weapon. The court noted that”
1 later decision quote this exact passagee.g. Ables v. Scott“The facts in the present case differ from the McDonald cases. In the instant case, there is no evidence that the judge considered the pre-sentence investigation report or ordered it until the defendant had pleaded no contest, signed a judicial confession, and stipulated to the evidence of her guilt. Therefore, the report could not have influenced the judge except in deciding the appropriate punishment.”
1 later decision quote this exact passagee.g. Blalock 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.