Oprean v. State’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Outside the presence of the jury, defense counsel objected to the admission of the video, pointing out to the judge that the prosecutor had violated the discovery order by failing to allow the defense ten days to inspect the video and relating the conversation he had with the prosecutor the previous evening. The prosecutor replied that “there was no [Article 37.07(g) ] charge in this Court’s discovery order and no [37.07] request was ever made by defense counsel, which is required to be made to me to give him this evidence.” The trial judge overruled defense counsel’s objection to the tape’s admission. Defense counsel then asked the judge to grant a recess so that he could inspect the video and prepare his strategy, but the judge summarily denied his request. The tape was introduced before the jury[.]”

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

2. “view the evidence in the light most favorable to the trial court's ruling and assume that the trial court made implicit findings of fact that support its ruling as long as those findings are supported by the record.”

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

3. “what remedies are available when the State’s conduct is of a less culpable nature.”

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