Benavides v. State’s Empirical Analysis
1988
Citation profile
43 state decisions
How this case has been cited
Cited by 43 later decisions — most recently January 2013 · most notably In Re Barber (1999), Couchman v. State (1999)
43 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 Luce v. United States · Houston v. State · Paulus v. State · Romo v. State · Weaver 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The factfinder, however, may draw reasonable inferences and make reasonable deductions from the evidence as presented to it within the context of the crime [citation omitted]. Absent any specific indication to the contrary at trial, the jury should be able to make the reasonable inference, from the victim’s testimony that a “gun” was used in the commission of a crime, that the gun was a firearm [citations omitted]. Appellant’s threatening the victim with the gun in itself suggest that it is a firearm rather than merely a gun of the non-lethal variety ... [citation omitted]. The added description of the gun in the present case as an “automatic” further negates any reasonable possibility that the gun is not a firearm (citing Gomez, 685 S.W.2d at 336 ).”
1 later decision quote this exact passagee.g. Carter v. State“A person commits the first degree felony of aggravated robbery under Tex.Penal Code Ann. § 29.03 (Vernon 1974), when he uses or exhibits a deadly weapon in the commission of a § 29.02 robbery.”
1 later decision quote this exact passagee.g. Chandler 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.