Schweinle v. State’s Empirical Analysis
1996
Citation profile
64 state decisions
How this case has been cited
Cited by 64 later decisions — most recently April 2017 · most notably Hall v. State (2007), Moore v. State (1998)
64 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.
Relationships
Relies on National Educational Support Systems, Inc. v. Autoskill, Inc. · Royster v. State · Rousseau v. State · Bignall v. State · Saunders 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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The evidence adduced at trial should remain an important part of the court's decision whether to charge the jury on lesser-included offenses. The second step in the analysis should ask whether there is evidence that supports giving the instruction to the jury. “A defendant is entitled to an instruction on a lesser-included offense where the proof for the offense charged includes the proof necessary to establish the lesser-included offense and there is some evidence in the record that would permit a jury rationally to find that if the defendant is guilty, he is guilty only of the lesser-included offense.” [Footnote omitted). In this step of the analysis, anything more than a scintilla of evidence may be sufficient to entitle a defendant to a lesser charge. [Footnote omitted]. In other words, the evidence must establish the lesser-included offense as "a valid, rational alternative to the charged offense.” [Footnote omitted].”
1 later decision quote this exact passage · from the dissente.g. Schmidt v. State“either affirmatively refutes or negates an element establishing the greater offense, or the evidence on the issue is subject to two different interpretations, and one of the interpretations negates or rebuts an element of the greater.”
1 later decision quote this exact passage · from the majoritye.g. Arevalo v. State“false imprisonment is a lesser-included offense of kidnapping and aggravated kidnapping.” Schweinle V. State, 915 S.W.2d 17, 19 (Tex.Crim.App. 1996). In 1997, the Legislature renamed the crime of”
1 later decision quote this exact passage · from the majoritye.g. Jenkins 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.