Ex Parte Lewis’s Empirical Analysis

Citation profile

67 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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “when the prosecutor was aware but consciously disregarded the risk that an objectionable event for which he was responsible would require a mistrial at the defendant's request.”

   3 later decisions quote this exact passage · from the majority
   e.g. Ex Parte Graves · THOMAS (LACY) VS. DIST. CT. (STATE)

2. “rule under the Texas Constitution is the rule articulated by the United States Supreme Court in Oregon v. Kennedy.”

   2 later decisions quote this exact passage · from the majority
   e.g. Ex Parte Graves · THOMAS (LACY) VS. DIST. CT. (STATE)

3. “[w]e think, that in all cases of this nature, the law has invested Courts of justice with authority to discharge a jury for giving any verdict, whenever, in their opinion, taking all circumstances into consideration, there is a manifest necessity for the act, or the ends of public justice would otherwise be defeated. They are to exercise a sound discretion on the subject; and it is impossible to define all the circumstances, which would render it proper to interfere. To be sure, the power ought to be used with the greatest of caution, under urgent circumstances, and for very plain and obvious causes.... But, after all, they have the right to order the discharge; and the security which the public have for the faithful, sound, and conscientious exercise of discretion, rests, in this, as in other cases, upon the responsibility of the Judges, under their oaths of office.”

   1 later decision quote this exact passage · from the majority
   e.g. Ex Parte Rodriguez