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← 820 S.W.2d 739 - State v. Byrd

State v. Byrd’s Empirical Analysis

1991

Citation profile

33
cited by 33 later decisions
3
states following
October 2016
most recently cited

33 state decisions

How this case has been cited

Cited by 33 later decisions — most recently October 2016 · most notably State v. Bush (1997), State v. Dorantes (2011)

33 state decisions

190199120002010decided

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 State v. Haynes · State v. Shaw · State v. Anderson · State v. Hicks · State v. West

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

  1. “Moreover, as our Supreme Court recently stated, The purpose of the bill of particulars is to provide information about the details of the charge when necessary for a defendant to prepare his or her defense, to avoid prejudicial surprise at trial, and to enable the defendant to preserve a plea of double jeopardy. Information that may be required in the bill of particulars includes, but is not limited to, details as to the nature, time, date, or location of the offense. Although a court should make every effort to see that the prosecution supplies critical information in the bill of particulars, we have observed that in cases involving child sexual abuse, the prosecution may be unable to supply specific dates on which alleged offenses occurred. In such cases, however, where the victim is too young to recall specific dates, ‘the child may be able to define the time of the offense by reference to such memorable occasions in a child’s life as birthdays, seasonal celebrations and holidays, the beginning or end of the school year, or visitations by relatives.’ If the State is truly unable to provide even an approximate time or date of the offense by means of a descriptive reference, ‘a conviction may nonetheless be affirmed if in the course of trial it does not appear that the defendant’s defense has been hampered by the lack of specificity.’”
    2 later decisions quote this exact passage
  2. “it is only by post hoc examination of the matter that the court will be able to determine whether deficiencies in the bill of particulars prevented the defendant from preparing an adequate defense, caused undue and prejudicial surprise, or made untenable a later plea of double jeopardy. In other words, the trial court cannot determine whether or not the defendant has been hampered in his defense until the court knows what proof the state will offer as to time and place of the offense, and how this evidence relates to the actual theory of defense.”
    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.