State v. Bailey’s Empirical Analysis

Citation profile

6 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. “Although Rule 38.1(e) explains that “the statement of an issue or point [presented for review] will be treated as covering every subsidiary question that is fairly included,” the issue of who should make the determination of whether CDs qualify as securities under the Texas Securities Act is clearly separate from whether the trial judge in this case, in response to the agreement of the parties, erred in deciding that the CDs in question were securities as a matter of law. Rule 38.9 instructs that the briefing rules are to be construed liberally, allowing the appellate court to “require additional briefing, and make any other order necessary for a satisfactory submission of the case” if it “determines ... that the case has not been properly presented in the briefs, or that the law and authorities have not been properly cited in the briefs.” Tex.R.App. PROC. 38.9(b). ■While this provision gives the appellate courts some discretion in remedying “substantive defects” in parties’ briefs, it does not allow the court of appeals to reach out and reverse the trial court on an issue that was not raised.”

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