Ex Parte Pena’s Empirical Analysis
1991
Citation profile
22 state decisions
How this case has been cited
Cited by 22 later decisions — most recently February 2015
22 state decisions
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 Drake v. State · Ex parte Port · Callins v. State · Holcomb v. State · Ex Parte Broyles
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“this strange `most serious offense' rule”
2 later decisions quote this exact passage · from the concurrencee.g. Ex Parte Drake · Landers v. State“First, it will be applicable to all cases where there is misjoinder of offenses. Second, it does not attempt to make arbitrary distinctions based on which allegation or conviction preceded the others. The outcome of a case will not depend on the coincidence of the order of offenses in an indictment or jury charge. Third, it assumes that if the State had been made to elect an offense, it would have chosen the most serious one. This will be true in a majority of the cases. It cannot be said that the State would usually pick the first offense. Last, it is the most consistent with the objective of the Penal Code "to insure the public safety through: (A) the deterrent influence of the penalties hereinafter provided." V.T.C.A. Penal Code, sec. 1.02.”
1 later decision quote this exact passage · from the concurrencee.g. Landers v. State“and observed that oftentimes there will be no reliable method for determining which offense is”
1 later decision quote this exact passage · from the concurrencee.g. Landers v. State
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.