Clarke v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Your Honor, just in the way of making sure that our objection and our grounds here at this level are also grounds that are argued on appeal, so that there's no misunderstanding. We have raised in our motion the matter of there being an extraneous offense that was attributed to Mr. Clarke who was the defendant in the PSI report that both-that essentially he may have molested his sister in New York, Chyva Clarke. She has provided an affidavit that that never happened. And the mother of the complainant to whom the remark was attributed in the PSI has also now provided an affidavit saying that she never told anyone that she had been told that by the sister. The mother of the complainant goes on to say in her affidavit that she was asked prior to the sentencing hearing — prior to the PSI hearing by the prosecutor whether the defendant — whether she knew of the defendant's having molested his sister. The mother of the complaint said no, she knew nothing about that. So, the prosecutor had that information prior to the sentencing hearing. And we are arguing as part of what is in the motion for new trial that the prosecutor had a duty at that point to inform defense counsel, Rand Mintzer, that this matter that’s in the sentencing report is false. This extraneous offense didn’t happen according to the sister as evidenced by the affidavit. But at the time the prosecutor knew that because the mother of the complainant was telling her I don’t know anything about that sort of thing. And it”

   1 later decision quote this exact passage · from the dissent
   e.g. Clarke v. State