Hardeman v. State’s Empirical Analysis

Citation profile

19 state decisions

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

1. “As we explained in Pearson, it is immaterial that the presentation of the evidence occurred before the actual words of adjudication. Hardeman had the opportunity to present evidence during the proceedings, and that is all that is required. Therefore, Hardeman cannot show that counsel erred by fading to object nor can he show he was harmed by counsel’s failure to object.”

   2 later decisions quote this exact passage · from the majority
   e.g. Mark Lujan v. State · Lopez v. State

2. “Contrary to Hardeman’s argument, Issa does not stand for the absolute right to a separate hearing. Instead, it requires the defendant to have the opportunity to present evidence in mitigation of punishment if not afforded during adjudication.”

   1 later decision quote this exact passage · from the majority
   e.g. Lopez v. State