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← 874 S.W.2d 290 - Gilbert v. State

Gilbert v. State’s Empirical Analysis

1994

Citation profile

54
cited by 54 later decisions
1
states following
August 2014
most recently cited

54 state decisions

How this case has been cited

Cited by 54 later decisions — most recently August 2014 · most notably Roberson v. State (2002), Jensen v. State (2002)

54 state decisions

370199420002010decided

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.

Appellate journey

reviewedthe decision below (from Texas 272nd Judicial District Court)

Relationships

Relies on Terry v. Ohio · United States v. Cortez · California v. Hodari D. · Gilmer v. Interstate/Johnson Lane Corp. · Mahan & Rowsey, Inc. v. Oklahoma Natural Gas

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

  1. “(1) the contraband was in plain view; (2) the contraband was conveniently accessible to the accused; (3) the accused was the owner of the place where the contraband was found; (4) the accused was the driver of the automobile in which the contraband was found; (5) the contraband was found on the same side of the car seat as the accused was sitting; (6) the place where the contraband was found was enclosed; (7) the odor of marijuana was present; (8) paraphernalia to use the contraband was in view of or found on the accused; (9) conduct by the accused indicated a consciousness of guilt; (10) the accused has a special connection to the contraband; (11) occupants of the automobile gave conflicting statements about relevant matters; (12) the physical condition of the accused indicated recent consumption of the contraband found in the ear; and (13) affirmative statements connect the accused to the contraband.”
    2 later decisions quote this exact passage
  2. “of the cocaine to convict him as a principal. Tex. Health & Safety Code Ann. § 481.002 (38) (Vernon Supp.2004-2005) (emphasis added). Therefore, only one of the four alternatives must be proven to convict appellant as a principal. See id. 5 . According to Calaway’s testimony, the two kilos seized here, bought in Houston for an estimated $35,000, had a purity of 70% and 73%, respectively. From this level of purity, the two kilos could be”
    1 later decision quote this exact passage
  3. “logical force the factors have in establishing the elements of the offense”
    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.