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← 829 SW2D 805 - State v. Muller

State v. Muller’s Empirical Analysis

1992

Citation profile

45
cited by 45 later decisions
1
states following
June 2015
most recently cited

45 state decisions

How this case has been cited

Cited by 45 later decisions — most recently June 2015 · most notably State v. Roberts (1996), Johnson v. State (1994)

45 state decisions

250199220002010decided

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

Applies 18 U.S.C. § 3731

Relies on Boykin v. State · Studer v. State · Ward v. State · Dillehey v. State · State v. Moreno

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

  1. “(1) dismisses an indictment, information, or complaint or any portion of an indictment, information, or complaint; (2) arrests or modifies a judgment; (3) grants a new trial; (4) sustains a claim of former jeopardy; (5) grants a motion to suppress evidence, a confession, or an admission, if jeopardy has not attached in the case and if the prosecuting attorney certifies to the trial court that the appeal is not taken for the purposes of delay and that the evidence, confession, or admission is of substantial importance in the case; or (6)is issued under Chapter 64.”
    4 later decisions quote this exact passage
  2. “[wjhenever a question is legitimately raised concerning the prosecuting attorney’s personal authorization of a State’s appeal, the State bears the burden of proving that the appeal in question was personally, expressly and specifically authorized by the prosecuting attorney. Thus, the appellate record must clearly reflect the prosecuting attorney’s personal authorization of the specific notice of appeal filed in a given case. Without a signature or other written expressed authorization, as reflected in the appellate record, there would be no guarantee that the only person permitted by statute to make an appeal on behalf of the State actually participated in the process. Evidence of a general delegation of authority to an assistant does not qualify under the statute.”
    2 later decisions quote this exact passage
  3. “(a) The state is entitled to appeal an order of a court in a criminal case if the order: (1) dismisses an indictment, information, or complaint; [[Image here]] (d) The prosecuting attorney may not make an appeal under Subsection (a) or (b) of this article later than the 15th day after the date on which the order, ruling or sentence to be appealed is entered by the court. [[Image here]] (i) In this article “prosecuting attorney” means the county attorney, district attorney, or criminal district attorney who has the primary responsibility of prosecuting cases in the court hearing the case and does not include an assistant prosecuting attorney.”
    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.