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← 745 SW2D 348 - Simmons v. State

Simmons v. State’s Empirical Analysis

1987

Citation profile

12
cited by 12 later decisions
1
states following
January 2000
most recently cited

2 federal appellate · 10 state decisions

Relationships

Relies on Blockburger v. United States · Whalen v. United States · Garrett v. United States · Ex Parte Nielsen · Ex Parte McWilliams

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.

  1. “The Penal Code makes it clear that theft is an integral part of the offense of aggravated robbery. In the instant case only one theft occurred. Thus, only one aggravated robbery can have taken place. Applicants appropriated property belonging to W.H. Thurston. The fact that they assaulted more than one person in the course of that theft does not mean that more than one aggravated robbery took place. Perhaps applicants could have been indicted for aggravated assault with respect to Mary Alice Thur-ston but they should not have been indicted and convicted for an additional aggravated robbery.”
    2 later decisions quote this exact passage
  2. “COUNT II. It is further presented that in Harris County, Texas, STACEY ALLEN COOK, hereafter styled the Defendant, heretofore on or about NOVEMBER 25, 1988, did then and there unlawfully while in the course of committing theft of property owned by CHARLOTTE MANN, and with intent to obtain and maintain control of the property, using and exhibiting a deadly weapon, namely, a motor vehicle, intentionally and knowingly threaten and place M.L. PIERCE in fear of imminent bodily injury and death. COUNT IV. It is further- presented that in Harris County, Texas, STACEY ALLEN COOK, hereafter styled the Defendant, heretofore on or about NOVEMBER 25, 1988, did then and there unlawfully while in the course of committing theft of property owned by CHARLOTTE MANN, and with intent to obtain and maintain control of the property, using and exhibiting a deadly weapon, namely a motor vehicle, intentionally and knowingly threaten and place G.C. SANCHEZ, in fear of imminent bodily injury and death.”
    1 later decision quote this exact passage
  3. “... [t]here may be successive prosecutions against a defendant, without violating the rule against double jeopardy, for as many persons as are affected by his unlawful act, since there are as many separate and distinct offenses as there are persons against whom the defendant has committed his unlawful act.”
    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.