State v. Preslar’s Empirical Analysis
1988
Citation profile
9 state decisions
How this case has been cited
Cited by 9 later decisions — most recently April 2014
9 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.
Appellate journey
reviewedthe decision below (from Texas 83rd Judicial District Court)
Relationships
Relies on City of Mason v. West Texas Utilities Co. · Love v. Wilcox · Manges v. Guerra · One 1980 Pontiac v. State · Gaines v. Gaines
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b) If a party to a civil case files a timely objection to the assignment, the judge shall not hear the case. Except as provided by Subsection (d), each party to the case is only entitled to one objection under this section for that case. (c) An objection under this section must be filed before the first hearing or trial, including pretrial hearings, over which the assigned judge is to preside.”
2 later decisions quote this exact passage“I would urge the members of the legislature, should they consider readopting similar legislation, to delete the word “disqualified” from the language of Tex. Gov’t Code Sec. 74.053(b). The choice of that word is unfortunate, for it has constitutional implications that were probably unintended. However, the statute does ... read “[i]f a party to a civil case files a timely objection to the assignment, the judge is disqualified to hear the case” (emphasis added [by Justice Kilgarlin]). The legislature is without authority to expand the grounds for disqualification set out in article V, section 11 of the Texas Constitution. Disqualification in a civil case is permissible, and required, in only three situations: whenever the judge: (1) is interested in the outcome of the ease; (2) is related to a party by affinity or consanguinity within a proscribed degree; or (3) has acted as counsel in the case.... [N]either this court nor the legislature can create additional grounds for judicial disqualification. ...”
1 later decision quote this exact passage · from the concurrence
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.