Rojas v. State’s Empirical Analysis
1998
Citation profile
70 state decisions
How this case has been cited
Cited by 70 later decisions — most recently December 2017 · most notably Gollihar v. State (2001), Salazar v. State (2001)
70 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 Jackson v. Virginia · Miranda v. State of Arizona Vignera · Scharffe v. Perkins · Doerr v. Doerr · Lee v. Brown
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“And, a variance between the indictment and the evidence at trial may be fatal to a conviction, because Due Process guarantees the defendant notice of the charges against him. Stevens v. State, 891 S.W.2d 649, 650 (Tex.Crim.App.1995); Ward v. State, 829 S.W.2d 787, 794 (Tex.Crim.App.1992). However, not every variance between the evidence at trial and the indictment is fatal. Only a material variance is fatal. Stevens, supra. A variance between the charging instrument and the proof at trial is material only if it operated to the defendant’s surprise or prejudiced his rights. Id.-, Human v. State, 749 S.W.2d 832, 837 (Tex.Crim.App.1988). In this case, however, there was no variance, material or otherwise. The evidence supported the indictment.”
1 later decision quote this exact passage · from the majoritye.g. Phelps v. State“Relevant factors in making this determination include: the number of exhibits offered, their gruesomeness, their detail, their size, whether they are black and white or color, whether they are close up shots, whether the body is naked or clothed, the availability of other means of proof, and other circumstances unique to the individual case, (citations omitted)”
1 later decision quote this exact passage · from the majoritye.g. Barber v. State“When an indictment facially alleges a complete offense, the State is bound by the theory alleged in the indictment, as is the reviewing court in its sufficiency analysis ... Fisher v. State, 887 S.W.2d 49, 57 (Tex.Crim.App.1994).”
1 later decision quote this exact passage · from the majoritye.g. Phelps 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.