Calvin Jerold Burdine v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division’s Empirical Analysis

Citation profile

1 federal appellate · 1 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]t is possible that unobjectionable evidence (or evidence which [defense counsel] was already anticipating) may have been introduced while [counsel] slept, without having any substantial effect on the reliability or fairness of Burdine’s trial. But, Burdine essentially asks us to assume that [his attorney] slept during the portions of the proceedings for which the transcript reflects no activity by him. In the light of the foregoing discussion and the rather vague testimony of the witnesses at the state habeas evidentiary hearing regarding when [counsel] slept, it would be inappropriate for us to engage in such speculation. In sum, on this record, we cannot determine whether [counsel] slept during a “critical stage” of Burdine’s trial.”

   1 later decision quote this exact passage · from the majority
   e.g. Hereford v. Warren

2. “dozed and actually fell asleep during portions of [Burdine's] trial on the merits, in particular during the guilt-innocence phase when the state's solo prosecutor[] was questioning witnesses and presenting evidence”

   1 later decision quote this exact passage · from the concurrence
   e.g. Burdine v. Johnson

3. “we cannot determine from the trial transcript or witness testimony at the state evidentiary hearing what evidence was being presented, or other activity was taking place, while counsel slept.”

   1 later decision quote this exact passage · from the majority
   e.g. Burdine v. Johnson