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← 981 SW2D 204 - State v. Baize

State v. Baize’s Empirical Analysis

1998

Citation profile

11
cited by 11 later decisions
1
states following
December 2015
most recently cited

11 state decisions

How this case has been cited

Cited by 11 later decisions — most recently December 2015

11 state decisions

40199820002010decided

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 Boykin v. State · Fairow v. State · Coit v. State · State v. Johnson · State v. Ross

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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(a) The state is entitled to appeal an order of a court in a criminal case if the order: (1) dismisses an indictment, information, or complaint or any portion of an indictment, information, or complaint; (2) arrests or modifies a judgment; (3) grants a new trial; (4) sustains a claim of former jeopardy; or (5) grants a motion to suppress evidence, a confession, or an admission, if jeopardy has not attached in the case and if the prosecuting attorney certifies to the trial court that the appeal is not taken for the purpose of delay and that the evidence, confession, or admission is of substantial importance in the case. (b) The state is entitled to appeal a sentence in a case on the ground that the sentence is illegal. (c) The state is entitled to appeal a ruling on a question of law if the defendant is convicted in the case and appeals the judgment. (d) The prosecuting attorney may not make an appeal under Subsection (a) or (b) of this article later than the 15 th day after the date on which the order, ruling, or sentence to be appealed is entered by the court. (e) The state is entitled to a stay in the proceedings pending the disposition of an appeal under Subsection (a) or (b) of this article. (f) The court of appeals shall give precedence in its docket to an appeal filed under Subsection (a) or (b) of this article. The state shall pay all costs of appeal under Subsection (a) or (b) of this article, other than the cost of attorney’s fees for the defendant. (g) If the state ”
    1 later decision quote this exact passage · from the majority
  2. “As the plain language of art. 44.01(b) makes clear, jurisdiction under that statute does not hinge on the legality of a sentence. Instead ... art. 44.01(b) jurisdiction turns on whether the State appeals a sentence. ... [0]nce the court of appeals determines that the State is appealing a sentence and not something else, jurisdiction is properly invoked and questions of legality can be addressed on their merits. This, because art. 44.01(b) provides for the appeal of a sentence not when a sentence is illegal, but on the ground that it is illegal.”
    1 later decision quote this exact passage · from the majority
  3. “the Court of Appeals may look behind the State's facial allegation of what it is appealing”
    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.