Zunker v. State’s Empirical Analysis

Citation profile

5 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[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 · from the majority
   e.g. Klock v. State · 622 F. Supp. 2d 439 - Schultze v. Quarterman

2. “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,”

   1 later decision quote this exact passage · from the majority
   e.g. 622 F. Supp. 2d 439 - Schultze v. Quarterman

3. “In addition, the jury saw videotape evidence of [Schultze] engaging in truly barbaric behavior — the sexual assault of an unconscious young woman — by inserting a toilet plunger handle in her vagina and suggesting that Kloek and Zunker force a baseball in her vagina, while he manned the video camera. [Sehultze]’s misconduct was further emphasized by his laughter at the complainant during the assault even when her vagina was burned by a lit cigarette and a screwdriver was inserted in her vagina. During the assault, [Schultze] declared that it was “fucking hilarious.” The jurors saw the videotape [Schultze] took of Hickman shortly before he died. They saw water being poured over his face, his penis being fondled, and his pubic hair being shaved while he lay unconscious. They saw a videotape [Schultze] took on another occasion while he urinated on Hickman while he lay unconscious on the bed. They heard testimony from several neighbors saying that they were afraid to leave their homes. They heard testimony from several policemen who testified that the occupants of the Bahia house were not law-abiding citizens, and they heard from [Schultze]’s bond supervisor who outlined several ways in which [Schultze] had violated the terms of his bond while trial was pending in this first degree felony case. Accordingly, we hold with fair assurance that the trial court’s error in overruling [Sehultze]’s objection to the above argument did not influence the jury and did not affect his substanti”

   1 later decision quote this exact passage · from the majority
   e.g. 622 F. Supp. 2d 439 - Schultze v. Quarterman