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← 850 SW2D 201 - Pender v. State

Pender v. State’s Empirical Analysis

1993

Citation profile

8
cited by 8 later decisions
1
states following
October 2006
most recently cited

8 state decisions

Relationships

Relies on Jackson v. Virginia · Reading Co. v. Schweitzer · Arkansas Public Service Commission v. Southwestern Bell Telephone Co. · Johnson v. Texas · Lambright v. Arizona

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

  1. “With respect to Crouch's claim that the jury’s finding was against the great weight and preponderance of the evidence, we hold that there is no such thing as a factual sufficiency of the evidence review in criminal cases. If there is sufficient evidence from which a rational trier of fact could determine beyond a reasonable doubt that the defendant used a firearm in the com mission of or flight from the commission of an offense, then the jury’s finding to that effect would never be beyond the great weight and preponderance of the evidence. While there may be some justification for such a review in a civil case where the only requirement is that there be merely more than a scintilla of evidence to support the jury’s finding, the jury is most often required to find a fact by a preponderance of the evidence; however, there is no similar justification for such a review in a criminal case where the legal sufficiency test more closely approximates the burden that the State must meet.”
    1 later decision quote this exact passage · from the majority
  2. “We disagree with the Austin court [in Stone ], and decline to follow the rationale expressed in its opinion. The Court of Criminal Appeals in Meraz was only addressing appellate review of affirmative defenses; the opinion did not change the standard of review concerning the sufficiency of the evidence to prove the elements of the State's case”); Smith v. State, 874 S.W.2d 269, 272 (Tex.App.Houston [14th Dist.] 1994, pet. ref’d)(noting its disagreement with Stone and holding”
    1 later decision quote this exact passage · from the majority

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.