Clay v. Lynaugh’s Empirical Analysis
1989
Citation profile
4
cited by 4 later decisions
1
states following
May 1993
most recently cited
2 state decisions
Relationships
Relies on Ex Parte McWilliams · Phillips v. State · Rubino v. Lynaugh · Ex Parte Calderon · Orosco 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Initially, carving was applied when the two offenses charged contained common material elements or when the two offenses required the same evidence to convict. [Citations omitted]. This Court added the ‘continuous act or transaction’ test in Paschal v. State, 49 Tex.Cr.R. 111 , 90 S.W. 878 (1905). Since that time the ‘same evidence’ and the ‘continuous assaultive transaction’ tests have been randomly applied.”
2 later decisions quote this exact passage · from the majoritye.g. Owens v. State · Ex Parte Scales
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.