Luster v. State’s Empirical Analysis
2002
Citation profile
3
cited by 3 later decisions
1
states following
January 2014
most recently cited
3 state decisions
Appellate journey
reviewedthe decision below (from Texas 29th Judicial District Court)
Relationships
Relies on Strickland v. Washington · Jackson v. Virginia · Liteky v. United States · Roy v. Gravel · Malik 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A variance between the wording of an indictment and the evidence presented at trial is fatal only if "it is material and prejudices [the defendant’s] substantial rights.” When reviewing'such a variance, we must determine whether the indictment, as written, informed the defendant of the charge against him sufficiently to allow him to prepare an adequate defense at trial, and whether prosecution under the deficiently drafted indictment would subject the defendant to the risk of being prosecuted later for the same crime.”
1 later decision quote this exact passagee.g. Smith 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.