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← 844 SW2D 738 - Gipson v. State

Gipson v. State’s Empirical Analysis

1992

Citation profile

36
cited by 36 later decisions
2
states following
December 2018
most recently cited

35 state decisions

How this case has been cited

Cited by 36 later decisions — most recently December 2018 · most notably Ovalle v. State (2000), McDonald v. State (2005)

35 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

Relies on Harris v. State · Sterling v. State · Dunn v. State · Tolbert v. State · Deason 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Rule 81(b)(2) is clear. It says that we must reverse when error is found in the proceedings below unless we are able to analyze the error and its effects and determine beyond a reasonable doubt that error made no contribution to the conviction or punishment. In other words, Rule 81(b)(2) mandates reversal unless strong argument is brought to bear which enables the appellate court to make an intelligent determi nation that the error and all its tangential effects made no contribution to the conviction or punishment.”
    2 later decisions quote this exact passage · from the concurrence
  2. “[d]eciding the question of harm in most cases where the Court of Appeals has not yet done so produces a result which is at least potentially different from the result which would have been produced had the Court of Appeal instead resolved the question itself,” but agreeing that in the present case”
    2 later decisions quote this exact passage · from the concurrence
  3. “Rule 81(b)(2) speaks to us in very plain terms and does not distinguish between trials before juries and trials before the Court. It states [that] [i]f the appellate record in a criminal case reveals error in the proceedings below, the appellate court shall reverse the judgment under review, unless the appellate court determines beyond a reasonable doubt that the error made no contribution to the conviction or to the punishment. ... The promulgation of Rule 81(b)(2) implicitly voided the presumption and we now expressly do so.”
    1 later decision 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.