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← 769 SW2D 661 - State v. Moreno

State v. Moreno’s Empirical Analysis

1989

Citation profile

5
cited by 5 later decisions
1
states following
May 2004
most recently cited

5 state decisions

Relationships

Relies on Green v. State · State v. Hancox

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. “Under some circumstances, the granting of a motion to quash might be tantamount to dismissal of the charging instrument. We are not presented with such a circumstance here. "In the present case the trial court's order required the State to give appellee additional notice of the allegation `agree.' That action cannot be construed as one which dismisses the information or any portion of it. The State had, and still has the right to amend the information to provide the notice appellee complained of in his motion to quash. This is because the legislature granted the right to amend [the] information [or] indictment on matter[s] of form or substance in enacting articles 28.09 and 28.10 of the Texas Code of Criminal Procedure (Vernon Pamphlet 1988). Since the trial court did not order the information dismissed and the State can cure the alleged defect in form by amendment and continue its prosecution, we are unwilling to hold that the granting of this motion to quash constitutes a dismissal of the information. Accordingly, we conclude that article 44.01 does not allow the State to appeal the trial court's ruling.”
    1 later decision quote this exact passage
  2. “the indictment and noted that the State was not denied the opportunity to amend the information or that the State refused to amend. In short, the State was required to attempt to amend the charging instrument, under Article 28.01. V.A.C.C.P., as a predicate to its right to appeal. We cannot agree with the Court of Appeals' holding. Article 44.01, V.A.C.C.P., provides, in pertinent part, that the State is entitled to appeal from a trial court's order in a criminal case if such”
    1 later decision quote this exact passage
  3. “knowingly agree[d] to engage in sexual conduct, to wit: deviate sexual intercourse with R. Vela for a fee, to wit: $10.00 payable to said R. Vela, said deviate sexual intercourse being the contact of Lorenzo C. Moreno's mouth with R. Vela's penis.”
    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.