Schultze v. State’s Empirical Analysis

Citation profile

3 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 point of error four, [Schultze] argues that the trial court erred during the punishment stage of trial in excluding Leroy Hall’s testimony about prison conditions, which was essential to rebut the State’s lengthy evidence about prison conditions. During the punishment stage, Zunker’s attorney called Reginald Jenkins as a witness. Jenkins is a detention officer with the Brazos County Sheriffs Department, and he was previously employed as a prison guard at a maximum security prison. Jenkins testified that Zunker had been a “model inmate” during his more than 300 days of detention at the time of trial. Jenkins explained what a normal day is like for Zunker while in detention, and that, due to his conviction for aggravated sexual assault, he cannot be a prison trustee. Klock’s attorney questioned Jenkins about the conditions in maximum security prisons. Jenkins testified that it was “very possible” that the defendants would be going to a maximum security prison, which holds murderers, major drug dealers, embezzlers, and forgers. He further testified that there is “rampant gang affiliation” in prison. On cross-examination, the State elicited more testimony regarding the conditions in prison. Jenkins testified that rigid laws regulate prisons to make sure they are safe. Prison units have job fairs and classes allowing the inmates to get degrees ranging from G.E.D.s to Ph.D.s, and law libraries that are “second to none.” Prison units also have exercise weights, baseball diamonds,”

   2 later decisions quote this exact passage
   e.g. Klock v. State · 622 F. Supp. 2d 439 - Schultze v. Quarterman

2. “[Schultze] argues that Schielack is not instructive because Hall’s “testimony was not offered to show what [Schultze]’s experiences would be.” However, during the defendants’ bill of exception, Hall testified, at length, about the consequences of being “fresh meat” in prison. After the recitation, Zunker’s attorney and [Schultze]’s attorney asked Hall to comment as to whether each of the defendants would be treated as “fresh meat.” Zunker’s counsel asked Zunker to stand and then asked Hall, “What about a white male that’s never been to prison before that’s his size and weight. Is he going to be considered fresh meat or not?” [Schultze]’s attorney then asked [Schultze] to stand, and he asked Hall, “Are the things that you said pertaining to Mr. Zunker ..., would that go for Mr. Schultze as well?” “Yes. It will go for anybody that goes into the system that’s never been there before.” Contrary to [Schultze]’s assertion on appeal, Hall’s testimony was elicited specifically to educate the jury on what [Schultze]’s prison experiences would be. The trial court could have reasonably concluded that Hall’s testimony would not have been helpful to the jury in determining the appropriate sentence in this case. Also, the trial court could have reasonably concluded that Hall’s testimony went beyond the scope of any door opened by the State. Under the precedent of Mendiola , the trial court’s decision to exclude the testimony of Hall was at least within the zone of reasonable disagreement. ”

   2 later decisions quote this exact passage
   e.g. Klock v. State · 622 F. Supp. 2d 439 - Schultze v. Quarterman

3. “and continued to struggle. The three men laughed throughout the entire sexual assault. At one point, Zunker lit a cigarette and burned the complainant's vagina with the lit cigarette. Zunker then, mockingly, said,”

   2 later decisions quote this exact passage
   e.g. Klock v. State · 622 F. Supp. 2d 439 - Schultze v. Quarterman