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← 784 SW2D 369 - Ex Parte Luna

Ex Parte Luna’s Empirical Analysis

1990

Citation profile

31
cited by 31 later decisions
2
states following
October 2011
most recently cited

31 state decisions

How this case has been cited

Cited by 31 later decisions — most recently October 2011 · most notably Harris v. State (1989), Orona v. State (1990)

31 state decisions

230199020002010decided

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 Thomas v. State · Reynolds v. State · McClain v. State · Hughes v. State · Ex Parte Payne

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

  1. “that appellant was convicted of using false identification and a credit card in a scheme and continuing course of conduct of six transactions occurring in one day and resulting in the theft of property valued at more than $750 and less than $20,000; that appellant carried out the scheme with another man who was also convicted of theft; that appellant’s trial was consolidated with his co-defendant’s trial; that appellant asked the jury for a probated sentence; that the State recommended that the jury assess punishment at the maximum penalty, confinement in the Texas Department of Corrections for ten years; that the jury assessed punishment at confinement for eight years and a $5,000 fine; and that there is no showing that parole was discussed or considered by the jury.”
    1 later decision quote this exact passage
  2. “McClain not only overruled Casey expressly, but also overruled Reynolds, sub silentio. As a result, in theft cases, the State need only allege that the person (1) unlawfully appropriated property (2) with the intent to deprive the owner of the property. Failure to allege that the property was appropriated without the owner’s effective consent does not render the indictment fundamentally defective.”
    1 later decision quote this exact passage
  3. “§ 31.03 Theft (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (b) Appropriation is unlawful if: (1) it is without the owner’s effective consent [.]”
    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.