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← 707 SW2D 23 - McKay v. State

McKay v. State’s Empirical Analysis

1985

Citation profile

162
cited by 162 later decisions
1
cited 1 times by the Supreme Court
3
states following
December 2015
most recently cited

161 state decisions

How this case has been cited

Cited by 162 later decisions (1 by the Supreme Court) — most recently December 2015 · most notably Long v. State (1991), Whitsey v. State (1990)

161 state decisions

8001985199020002010decided

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 Witherspoon v. Illinois · Wainwright v. Witt · Estelle v. Smith · Pulley v. Harris · Adams v. Texas

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 162 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Proper jury argument must fall within one of four general areas: summation of the evidence; reasonable deduction from the evidence; answer to argument of opposing counsel; and pleas for law enforcement. In order to constitute reversible error, the jury argument must be extreme or manifestly improper, or inject new and harmful facts into evidence.”
    3 later decisions quote this exact passage
  2. “Evidence of an extraneous offense must necessarily involve evidence of prior criminal conduct by the accused, (citation omitted). If the evidence fails to show that an offense was committed or that the accused was connected to the offense, then evidence of an extraneous offense is not established, (original emphasis).”
    2 later decisions quote this exact passage
  3. “"... `Hearsay' is defined as an out of court statement offered for the truth of the matter asserted. Phenix v. State, 488 S.W.2d 759 (Tex.Cr.App.1972), at 761 citing McCormick, J., Evidence, Sec. 225 at 460; and Salas v. State, 403 S.W.2d 440 (Tex.Cr.App.1966). "An out of court statement offered for the purpose of showing what was said rather than the truth of the matter stated therein does not, however, constitute hearsay. Porter v. State, 623 S.W.2d 374 (Tex.Cr.App.1981), cert denied, 456 U.S. 965 , 102 S.Ct. 2046 , 72 L.Ed.2d 491 (1982). See also Nixon v. State, 587 S.W.2d 709 (Tex.Cr.App.1979); Gholson v. State, 542 S.W.2d 395 (Tex.Cr.App. 1976), cert. denied, 432 U.S. 911 , 97 S.Ct. 2960 , 53 L.Ed.2d 1084 (1977)." 707 S.W.2d at 33 .”
    1 later decision quote this exact passage

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.