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← 968 S.W.2d 368 - Davis v. State

Davis v. State’s Empirical Analysis

1998

Citation profile

27
cited by 27 later decisions
1
states following
August 2017
most recently cited

2 federal appellate · 2 district · 22 state decisions

How this case has been cited

Cited by 27 later decisions — most recently August 2017 · most notably United States v. Washington (2007), Taylor v. State (2004)

2 federal appellate · 2 district · 22 state decisions

170199820002010decided

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 Brumfield v. State · Brown v. State · Hodge v. State · Payton v. State · Mullins 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(a) Except as provided by Subsection (d) of this section, when in the judge’s opinion the best interest of society and the defendant will be served, the judge may, after receiving a plea of guilty or plea of nolo contendere, hearing the evidence, and finding that it substantiates the defendant’s guilt, defer further proceedings without entering an adjudication of guilt, and place the defendant on community supervision. (c) On expiration of a community supervision period imposed under Subsection (a) of this section, if the judge has not proceeded to adjudication of guilt, the judge shall dismiss the proceedings against the defendant and discharge him. The judge may dismiss the proceedings and discharge a defendant, other than a defendant charged with an offense described by Section 13B(b) of this article, prior to the expiration of the term of community supervision if in the judge’s opinion the best interest of society and the defendant will be served.... A dismissal and discharge under this section may not be deemed a conviction for the purposes of disqualifications or disabilities imposed by law for conviction of an offense, except that: (1)upon conviction of a subsequent offense, the fact that the defendant had previously received community supervision with a deferred adjudication of guilt shall be admissible before the court or jury to be considered on the issue of penalty; (2) if the defendant is an applicant for a license or is a licensee under Chapter 42, Human Resource”
    1 later decision quote this exact passage · from the majority
  2. “evidence may be offered by the state and the defendant as to any matter the court deems relevant to sentencing, including but not limited to the prior criminal record of the defendant, his general reputation, his character, an opinion regarding his character, the circumstances of the offense for which he is being tried, and, notwithstanding Rules 404 and 405, ... any other evidence of an extraneous crime or bad act....”
    1 later decision quote this exact passage · from the majority
  3. “it is the later enactment and there is manifest intent that evidence of details of offenses be admissible. “In other words, the later-enacted amendment in article 37.07 should be understood to be a pro tanto repeal of prior evidentiary restrictions based on article 42.12. George E. Dix & Robert 0. Dawson, 42 Texas Practice — Criminal Practice & PROCEDURE, § 38.34 (Supp.1998).””
    1 later decision quote this exact passage · from the majority

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.