Green v. State’s Empirical Analysis
1986
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently February 2018
16 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 Gordon v. State · Nix v. United States · Smith v. State · Angelle v. State · McCullar 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When the same defendant has been convicted in two or more cases, and the punishment assessed in each case is confinement in an institution operated by the Department of Corrections or the jail for a term of imprisonment, judgment shall be pronounced in each case in the same manner as if there had been but one conviction except that in the discretion of the court, the judgment in the second and subsequent convictions may either be that the punishment shall begin when the judgment and sentence in the preceding conviction has ceased to operate, or that the punishment shall run concurrently with the other case or cases, and sentence and execution shall be accordingly.”
1 later decision quote this exact passagee.g. Ex Parte Cruthirds““By separating the contents of a judgment in this manner [quoting Art. 42.01, V.A.C.C.P.], the Legislature has clearly distinguished the ‘punishment’ in a judgment from the ‘length of probation’ and the ‘probationary terms and conditions.’ The portion of the judgment that assesses the punishment is one element of the judgment. The portion of the judgment that grants probation, orders a particular probationary period, and sets probationary terms and conditions is a separate element of the judgment suspending the sentence. Thus, probation is not included within the meaning of ‘punishment’ that can be cumulated; it suspends ‘punishment.’ ””
1 later decision quote this exact passagee.g. Ex Parte Cruthirds“The Legislature [in Article 42.12 ] carefully avoided defining 'probation' as a type of 'punishment' or 'sentence.' "). 6 Given our apparent willingness to read Section 23(b) to embrace an appeal of the conditions of community supervision from an original judgment that suspends imposition of sentence, thereby "plac[ing the defendant] on community supervision[,]”
1 later decision quote this exact passagee.g. Shortt 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.