Armstrong v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"In this case, the trial court held that because the evidence offered by the State as proof of the enhancement paragraph reflected that the presiding judge did not have a statement of facts before him, the judge could not have properly reviewed and approved of the magistrate’s findings. The trial judge held that because of that fact, as a matter of law, the second paragraph conviction could not be used for enhancement purposes. In my view, this conclusion is erroneous, and this Court’s decision in Allen v. State, 748 S.W.2d 16 (Tex. App. — Dallas, 1988, no pet.) controls. That is, that a statement of fact is not absolutely required in order for a district judge to adequately review the actions of a magistrate. See Allen, 748 S.W.2d at 18 . The trial court’s ruling that the prior conviction was void on that ground is erroneous as a matter of law. ... In my view the evidence was not excludable for any reason because appellant’s attack on its admissibility amounts to an impermissible collateral attack on the sufficiency of the evidence to support the underlying conviction. See Wolfe v. State, 560 S.W.2d 686, 688 (Tex.Cr.App.1978); Williams v. State, 767 S.W.2d 868, 871 (Tex.App. — Dallas 1989, per refd). Armstrong v. State, 781 S.W.2d at 945 .”

   1 later decision quote this exact passage · from the dissent
   e.g. Armstrong v. State