Heath v. State’s Empirical Analysis

Citation profile

65 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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The court of appeals, in holding that appellant was entitled to resentencing, relied upon a long line of precedent establishing that, when an error relates only to punishment and the punishment was assessed by the trial court, a defendant is entitled solely to resentencing and not to a new trial. In applying this principle of law, this Court has never before distinguished the “negotiated guilty” plea from either “not guilty” pleas or “guilty” pleas without a recommendation. We take this opportunity to do so now. In this case the conviction is based upon a plea bargain and the punishment assessed is an integral part of the agreement to plead guilty. The idea that error is “punishment error” only is incompatible with the negotiated plea and we therefore disavow such analysis in this specific area. When a defendant attacks the sentence he received and for which he bargained, he is attacking the entire judgment of conviction. To permit resentencing in this situation is to bind only one party to the agreement. This is neither logical nor fair.”

   1 later decision quote this exact passage
   e.g. Barton v. State

2. ““We have long held that a defect which renders a sentence void may be raised at any time.” Heath v. State, 817 S.W.2d 335, 336 (Tex.Crim.App.1991). See also Ex parte McIver, 586 S.W.2d 851, 854 (Tex.Crim.App.1979) (Habeas corpus relief will issue to a person in custody under a sentence which is void because the punishment is unauthorized), Ex parte Harris, 495 S.W.2d 231, 232 (Tex.Crim.App.1973) and Ex parte White, 659 S.W.2d 434, 435 (Tex.Crim.App.1983). 10”

   1 later decision quote this exact passage
   e.g. Ray v. State

3. “[W]hen a defendant, who has entered a negotiated plea of guilty, challenges the conviction and is successful, the appropriate remedy is specific performance of the plea, if possible, or, if not, withdrawal of the plea, with both parties, including the State, returned to their original positions.”

   1 later decision quote this exact passage
   e.g. Hern v. State