Tharp v. State’s Empirical Analysis
1996
Citation profile
38 state decisions
How this case has been cited
Cited by 38 later decisions — most recently February 2016 · most notably State v. Brabson (1998), State v. Burnell (2009)
38 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 Blockburger v. United States · United States v. Halper · United States v. Dixon · United States v. Ursery · Department of Revenue of Mont. v. Kurth Ranch
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The nature of the interest and the rights that a licensee has in a driver’s license has been addressed by Texas courts for almost half a century. A driver’s license is not a right, but a privilege. Driving is not a constitutionally protected right, but a privilege. A license to drive an automobile on the streets is ... a privilege subject to reasonable regulations formulated under the police power in the interest of the welfare and safety of the general public.... The revocation of a driver’s license is not intended as punishment but is designed solely for the protection of the public in the use of the highways. In Texas Dept. of Pub. Safety v. Richardson, 384 S.W.2d 128 (Tex.1964), the court stated that it was not concerned with criminal penalties because a driver’s license is not suspended as additional punishment; rather it comes with an administrative and regulatory power vested in the Department of Public Safety for the purpose of protecting the lives and property of those using the highway.”
1 later decision quote this exact passagee.g. Grant v. State“The courts of appeals focused on the civil aspects of the administrative license revocation statute and procedure, as well as the relatively mild sanction imposed pursuant thereto, in concluding the sixty day license suspension to be “remedial” and not a “punishment.” We find the reasoning of the courts of appeals on this matter to be sound and hold that the administrative suspension of appellant’s license under [former article 6687b-l] did not constitute punishment for purposes of the Double Jeopardy Clause of the Fifth Amendment. Therefore, appellant’s subsequent prosecution for driving while intoxicated does not implicate his protection under the Double Jeopardy Clause against multiple punishments for the same offense.”
1 later decision quote this exact passagee.g. Ex parte Reyna“The primary purpose of the administrative license suspension statute is not to deter the licensee or to seek retribution, but is to protect the public from the carnage on the public roads of Texas caused by drunk drivers. This primary purpose is clearly remedial, although it also has a secondary deterrent effect on motorists who realize that an arrest for driving while intoxicated may well result in suspension of their licenses. [[Image here]] We ... hold that the administrative suspension of appellant’s license ... does not constitute punishment for purposes of the Double Jeopardy Clause of the Fifth Amendment.”
1 later decision quote this exact passagee.g. Grant 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.