Phynes v. State’s Empirical Analysis
1992
Citation profile
83 state decisions
How this case has been cited
Cited by 84 later decisions — most recently October 2018 · most notably Kirtley v. State (2001), Matter of RSC (1997)
83 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 McKane v. Durston · Dillehey v. State · Issa v. State · Fuller v. State
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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The defendant is entitled to a hearing limited to the determination by the court of whether it proceeds with an adjudication of guilt on the original charge. No appeal may be taken from this determination. After an adjudication of guilt, all proceedings, including assessment of punishment, pronouncement of sentence, granting of community supervision, and defendant’s appeal continue as if the adjudication of guilt had not been deferred.”
6 later decisions quote this exact passage · from the majority“Article 42.12, V.A.C.C.P., controls questions concerning adult probation and applications to revoke probation. Art. 42.12, sec. 5(b) specifically provides that there shall be no appeal taken from the trial court’s determination to adjudicate. It has long since been recognized that the United States Constitution does not require a state to provide appellate courts or a right to appellate review of criminal convictions. [See, e.g., McKane v. Durston, 153 U.S. 684, 687-688 , 14 S.Ct. 913, 914-915 , 38 L.Ed. 867, 868-869 (1894)] It is clear, therefore, that a state may limit or even deny the right to appeal a criminal conviction. Similarly, as there is nothing in the Texas Constitution which guarantees the right to appeal a criminal conviction, that right is only as provided by the legislature. It naturally follows that when a legislative enactment says an accused may not appeal a determination to adjudicate, there is no right to do so.”
1 later decision quote this exact passage · from the majoritye.g. Keller v. State“[E]ven if appellant’s right to counsel was violated, he may not use direct appeal as the vehicle [] to seek redress.” Phynes v. State, 828 S.W.2d 1, 2 (Tex.Crim.App.1992); see also Tillman v. State, 919 S.W.2d 836, 838 (Tex.App.-Fort Worth 1996, pet. ref'd) (”
1 later decision quote this exact passage · from the majoritye.g. Grammer 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.