Martinez v. State’s Empirical Analysis

Citation profile

31 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Yet it is clear under our rules of evidence that the present opinion of a testifying witness does not meet the definition of hearsay because it is not, and never can be, a statement “other than one made by the declarant while testifying at the trial or hearing.” TEX. R.CRIM.EVID. 801(d). Even if the expert relies in whole or part upon information of which he has no personal knowledge, communicated to him at or before the time he testifies, the admissibility of his opinion is not affected “unless the court determines that he does not have a sufficient basis for his opinion.””

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

2. “Since the trial court implicitly found Rudd qualified as an expert, the State had no burden to invoke an exception to the hearsay rule. Rudd was free to offer his opinion based on Pena's report.”

   1 later decision quote this exact passage · from the majority
   e.g. White, Brian Jason