Wilson v. State’s Empirical Analysis

Citation profile

24 state decisions

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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) Except as authorized by this Act, a person commits an offense if he knowingly or intentionally possesses a con trolled substance in Penalty Group 1 unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice. (b) An offense under Subsection (a) of this section is a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including any adulterants or dilu-tants, less than 28 grams. (c) A person commits an aggravated offense if the person commits an offense under Subsection (a) of this section and the amount of the controlled substance possessed is, by aggregate weight, including any adulterants or dilutants, 28 grams or more. (d) An offense under Subsection (c) of this section is: (1) punishable by confinement in the Texas Department of Corrections for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including any adulterants or dilutants, 28 grams or more but less than 400 grams; and (2) punishable by confinement in the Texas Department of Corrections for life or for a term of not more than 99 years or less than 10 years, and a fine not to excceed $100,000, if the amount of the controlled substance possessed is, by aggregate weight, including any adulterants or dilutants, 400 grams or more.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Engelking · Oliva v. State

2. “When compared to the rest of the Penal Code, it is obvious that subsections (c), (d), (e) and (f) [of article 6701Í — 1] are merely punishment provisions.... The language used to define each offense enumerated in the Penal Code begins with the statement, “a person commits an offense if....” Likewise, the language prescribing extraordinary punishment for an offense because of aggravating factors consistently begins with the phrase, “if it be shown on the trial_” As a result, the conclusion is inescapable that subsection (b) defines the offense of driving while intoxicated. Subsection (c) prescribes the ordinary punishment for that offense and subsections (d), (e) and (f) prescribe extraordinary punishment which is applicable in the event of certain aggravating factors.”

   2 later decisions quote this exact passage
   e.g. Pope v. State · Porter v. State

3. “Consistent with the adoption of the language identifying offenses (“a person commits an offense”) the DWI statute also adopts the language of the Penal Code identifying enhanced punishments (“If it be shown on the trial”). For example, the provisions authorizing enhanced punishment for repeat offenders in art. 6701Z— 1(d) and (e), supra are each prefaced with “If it is shown on the trial-” As previously noted, this is virtually the same language employed to introduce the availability of enhanced punishment in. the Penal Code.”

   2 later decisions quote this exact passage
   e.g. Pope v. State · Porter v. State