Vaughn v. State’s Empirical Analysis
1994
Citation profile
17 state decisions
How this case has been cited
Cited by 17 later decisions — most recently March 2016
17 state decisions
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 180th Judicial District Court)
Relationships
Relies on Strickland v. Washington · Jackson v. Virginia · Yates v. United States · Stromberg v. People of State of California · Mills v. Maryland
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The two “ifs” which the district court presented to Thomas placed him in a terrible dilemma. If he chose the first “if,” he would elect to forego all of the above-noted post-conviction remedies and to confess to the crime of perjury, however remote his prosecution for perjury might seem. Moreover, he would abandon the right guaranteed by the Fifth Amendment to choose not to be a witness against himself, not only as to the crime of which he had been convicted, but also as to the crime of perjury. His choice of the second “if’ was made after the warning that the sentence to be imposed would be for a longer term than would be imposed if he confessed. From the record, it is clear that an ultimatum of a type which we cannot ignore or approve confronted Thomas. Truly, the district court put Thomas “between the devil and the deep blue sea.””
1 later decision quote this exact passagee.g. Shpikula v. State“In order for trial counsel's failure to object to the State's question and argument to have been ineffective assistance, appellant must demonstrate that if he had objected, the trial judge would have committed error in refusing to sustain his objection. Appellant cannot meet that burden. We believe that the questions themselves were proper and represent no more than the usual risk a defendant assumes when he or she takes the stand to testify. At most, any error would have been improper jury argument by the State. We cannot say that the trial judge would have committed error had he overruled an objection to the State's remarks on closing. There is no definitive precedent that controls; indeed the lack of precedent ... makes a ruling on appellant's hypothetical objection extremely uncertain.”
1 later decision quote this exact passagee.g. Vaughn v. State“[a]ppellant has cited no Texas authority... that supports her contention that the State's question and argument were harmful error.”
1 later decision quote this exact passagee.g. Vaughn 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.