Pickens v. State’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Based upon our holding in Almanza , ... that unobjected-to jury-charge error warrants reversal only when the error results in egregious harm, we have held that the question of whether the defendant has preserved jury-charge error is relevant only if there is a determination that error actually occurred. Thomas v. State, 723 S.W.2d 696, 707 (Tex.Crim.App.1986). Thomas also acknowledged that Article 38.23 provides in mandatory terms “that a jury is to be instructed to resolve factual disputes over whether evidence was illegally obtained and, therefore, inadmissible.” Id. We have more recently reiterated that “an Article 38.23 instruction must be included in the jury charge only if there is a factual dispute about how the evidence was obtained.” Garza v. State, 126 S.W.3d 79, 85 (Tex.Crim.App.2004). Thus, if a defendant raises a factual dispute about whether evidence was illegally obtained, an Article 38.23 instruction must be included in the jury charge.”

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

2. “(1) it is established by proof of the same or less than all the facts required to establish the commission of the offense charged; (2) if differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person ... suffices to establish its commission.”

   2 later decisions quote this exact passage · from the majority
   e.g. Padilla v. State · Alberts v. State

3. “No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case.”

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