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← 712 S.W.2d 813 - Gelabert v. State

Gelabert v. State’s Empirical Analysis

1986

Citation profile

5
cited by 5 later decisions
2
states following
June 2004
most recently cited

5 state decisions

How this case has been cited

Cited by 5 later decisions — most recently June 2004

5 state decisions

20198619902000decided

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 Strickland v. Washington · Faretta v. California · McKaskle v. Wiggins · Vanderbilt v. State · Webb 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The appellant misconstrues Flanagan v. State, 675 S.W.2d 734 (Tex.Crim.App.1984), in asserting that the principle that intent must be proved in an attempted murder case is also applicable to attempted capital murder cases. Appellant overlooks the fact that the culpable mental state, i.e. intent to commit an act clearly dangerous, is supplied when the person is aware that his conduct could with reasonable certainty cause death as opposed to the requirement in murder that specific intent to cause serious bodily injury or death be shown. These grounds are overruled.”
    1 later decision quote this exact passage
  2. “[blecause 'knowing' is a sufficient mental state for attempted capital murder, the State was not required to prove additionally that the appellant shot at [police] officers with the "intent to kill”
    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.