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← 807 SW2D 732 - Higginbotham v. State

Higginbotham v. State’s Empirical Analysis

1991

Citation profile

40
cited by 40 later decisions
1
states following
June 2014
most recently cited

39 state decisions

How this case has been cited

Cited by 40 later decisions — most recently June 2014 · most notably Goodwin v. Johnson (1997), Garcia v. State (1996)

39 state decisions

320199120002010decided

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 · Chapman v. State of California · Edwards v. Arizona · United States v. Hasting · Fahy v. Connecticut

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

  1. “Rule 81(b)(2) is clear. It says that we must reverse when error is found in the proceedings below unless we are able to analyze the error and its effects and determine beyond a reasonable doubt that error made no contribution to the conviction or punishment. In other words, Rule 81(b)(2) mandates reversal unless strong argument is brought to bear which enables the appellate court to make an intelligent determination that the error and all its tangential effects made no contribution to the conviction or punishment. By its very nature, Rule 81(b)(2) requires a subjective analysis by which the appellate court must calculate as much as possible the probable impact of the error on the jury.... Each case must be examined on its own merits by the appellate court, and if the record does not expressly show ... that the error complained of clearly contributed to the conviction, then the error must undergo an in-depth analysis for harm to the defendant. In doing a harm analysis, the reviewing court should examine the source of the error, the nature of the error, whether or to what extent it was emphasized by the State, and its probable collateral implications. Further, the court should consider how much weight a judge or juror would probably place upon the error. In addition, the court must also determine whether declaring the error harmless would encourage the State to repeat it with impunity.”
    2 later decisions 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.