Miles v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In this case, the trial court committed [constitutional] error when it sustained the State’s objection regarding the presumption of innocence. According to the precedent laid out in McGrew [v. State, 140 Tex.Crim. 77 , 143 S.W.2d 946, 946-947 (1940),] and later followed in Massey [v. State, 154 Tex.Crim. 263 , 226 S.W.2d 856, 860 (1950)], the presumption of innocence does not end when the presentation of evidence closes.... * * * “... Any harm from the [trial] court’s error with regard to the presumption of innocence would have been lessened, if not altogether erased, both by the [jury] charge and by the presumption that the jury followed the instructions in the jury charge. [[Image here]] “Taking into account both the evidence presented against the appellant and the fact that the jury had already been charged [correctly] as to the presumption of innocence, we can say beyond a reasonable doubt that the error committed by the trial court did not contribute to the appellant’s conviction. We therefore affirm the judgment of the trial court.” Miles v. State, 154 S.W.3d 679, 680-683 (Tex.App.-Houston [14th Dist.] 2004).”

   1 later decision quote this exact passage
   e.g. Miles v. State

2. “Defense Counsel: One thing I do want to remind you of at this time is that there is a presumption of innocence throughout the trial. At this point in time, by law, my client is presumed to be innocent. And that— The State: Judge, I’m going to object to that. Not after the trial’s over, I wouldn’t think. That’s the presumption before the trial starts. The Court: Sustained. Defense Counsel: Well, this jury has not rendered its verdict. And until you render [your] verdict, that presumption of innocence, I render [sic] to you, is in effect. The State: I object to that as not being a proper statement of the law. The Court: Sustained. Let’s move on.”

   1 later decision quote this exact passage
   e.g. Miles v. State

3. ““... is not a presumption at all in the legal sense; the term presumption of innocence is merely an inaccurate, shorthand description of the right of the criminal defendant to remain inactive and secure, until the prosecution has taken up its burden and produced evidence. “Thus, when defense counsel [in this case] said ‘my client is presumed to be innocent,’ he was saying no more than that the burden of proof rests entirely upon the State. Moreover, that burden remains upon the State throughout the trial until the jury reaches a verdict.” Miles v. State, 154 S.W.3d at 688 (Hudson, J., coneurringXcitations and internal quotes omitted).”

   1 later decision quote this exact passage · from the concurrence
   e.g. Miles v. State