Gray v. State’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In many other cases we have reaffirmed that we meant what we said—sometimes summarily reversing intermediate appellate decisions when the court of appeals refused to conduct a harm analysis. We have recognized that Cain issued a "broad mandate” that brought the overwhelming majority of errors within the purview of a harm analysis. We have implemented the holding in Cain in a variety of statutoiy contexts, including the denial of severance, proceeding to trial with eleven jurors, the denial of individual voir dire, and the failure to corn-ply with a statutory requirement to admonish the defendant on the record regarding the full range of punishment. We have made it clear that an error that is not of federal constitutional dimension cannot be deemed "structural.” And even when an error does constitute a violation of the federal constitution, the error is "structural” only if the Supreme Court has labeled it as such.”

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

2. “broad mandate” that brought the overwhelming majority of errors within the purview of a harm analysis. We have implemented the holding in Cain in a variety of statutoiy contexts, including the denial of severance, proceeding to trial with eleven jurors, the denial of individual voir dire, and the failure to corn-ply with a statutory requirement to admonish the defendant on the record regarding the full range of punishment. We have made it clear that an error that is not of federal constitutional dimension cannot be deemed”

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

3. “In summary, when only a statutory violation is claimed, the error must be treated as non-constitutional for the purpose of conducting a harm analysis[.]”

   1 later decision quote this exact passage · from the majority
   e.g. Proenza, Abraham Jacob