Mixon v. State’s Empirical Analysis
1990
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently December 2015
10 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 Jackson v. Virginia · MacArthur Co. v. Johns-Manville Corp. · Sharp v. State · Carlsen v. State · Ex Parte Patterson
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In the instant case, appellant acknowledges that he received proper notice from the indictment in Count I that the State would seek an affirmative finding of the use or exhibition of a deadly weapon, “to wit: a screwdriver.” That element of the offense of aggravated robbery as charged was submitted to the jury and rejected when the jury found appellant guilty of the lesser-included offense. Appellant in effect contends that this concluded the State’s intention to seek an affirmative finding of a deadly weapon of which he had been given notice. Without further notice, written or otherwise, and without further evidence on the issue, the penalty stage of the trial was conducted. At this point, appellant learned for the first time that the State was asking for a special issue type submission of a different deadly weapon charge, this time allowing the jury to first determine the nature of instrument or weapon used and then to decide if the chosen instrument or weapon was used as a deadly weapon.”
1 later decision quote this exact passagee.g. Flenteroy v. State“Because of the fundamental nature of one's liberty interest in parole, a defendant is entitled to notice if the state intends to seek a deadly weapon finding at trial, and the state's failure to give such notice constitutes reversible error.” Mixon v. State, 781 S.W.2d 345, 346 (Tex.App.-Houston [14th Dist.] 1989), citing Ex parte Patterson, 740 S.W.2d 766 -77 (Tex.Crim.App. 1987). .”
1 later decision quote this exact passagee.g. Flenteroy v. State“[I] find no case that has specifically dealt with the issue of an absent, unidentified deadly weapon[,]”
1 later decision quote this exact passagee.g. Mixon 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.