Public-domain · open source
OpenJurist
← 940 SW2D 365 - Perkins v. State

Perkins v. State’s Empirical Analysis

1997

Citation profile

8
cited by 8 later decisions
2
states following
May 2000
most recently cited

8 state decisions

Relationships

Relies on Jackson v. Virginia · Clewis v. State · Geesa v. State · Stone v. State · Desselles 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “I dissent because I cannot say that the trial court's finding of intoxication is so against the great weight and preponderance of the evidence as to be unjust and manifestly wrong. In conducting a factual-sufficiency review of the evidence, due deference must be given the [fact finder's] assessment of the witnesses' credibility and [its] resolution of any conflicts in the evidence. Jones v. State, 944 S.W.2d 642, 648 (Tex.Crim. App. 1996); Desselles v. State, 934 S.W.2d 874, 878 (Tex.App.-Waco 1996, no pet.). In conducting a factual-sufficiency review we are not allowed to sit as the "thirteenth juror" in the case. Desselles , at 878. Geesa v. State, 820 S.W.2d 154, 159 (Tex.Crim.App.1991). In addition to the factual review in the majority opinion, there are several other important facts, the most alarming of which was the location where Mr. Perkins was found slumped over in his car. Apparently a passer-by notified some authority in Dallas that "someone was unconscious in the middle of the road." Dallas Firefighter Farrel testified that he was dispatched from downtown and that he and several other firemen went to the 8000 block of Military Parkway with their emergency lights and siren on. Upon arrival, he found a car straddling the middle of two eastbound traffic lanes of Military Parkway with Mr. Perkins slumped over in the front seat with his foot on the brake and the car running. The emergency lights and siren did not awaken Perkins. Farrel noted that Perkins was breathing”
    1 later decision quote this exact passage · from the dissent
  2. “The evidence is factually insufficient to support the conviction for driving while intoxicated.”
    1 later decision quote this exact passage
  3. “there were no open containers in the front compartment of the car.”
    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.