Jimenez v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “wad” after several unsuccessful attempts, stated that, in a photograph taken about an hour and a half later, the wad appeared to have dried out a little and expanded. At the time he pulled it out of B.G.’s throat, it was the size of a large egg, about 3 inches long and close to 3 inches wide. The paramedics immediately "bagged” the wad and gave it to police because they suspected that it was evidence of a potential crime. 8 . The defense argued that this scenario could not be accurate because B.G. had no other injuries, bruises, or scrapes on his body, and applicant had only a small bite mark on her hand where B.G. had bitten her as she tried to pull the wad out of his mouth when she first saw his distressed breathing. 9 . A roll of paper towels was found on the sofa in applicant's living room. Applicant told the police that both B.G. and her daughter had runny noses that day. She used a paper towel to wipe B.G.’s nose, then left the roll on the sofa, and went into the kitchen to cook. She noticed that both B.G. and her daughter were playing with the paper towels, tearing sheets from the roll and throwing them. She told the children to stop playing with the towels, but they continued to do so. She saw B.G. go into the bedroom, leaving tire roll of towels on the sofa. Applicant called to B.G. to come back where she could see him because she did not want him playing in the bathroom and putting his hands in the toilet bowl. When B.G. came toward her, he was "walking very slowly”

   1 later decision quote this exact passage
   e.g. Jimenez, Ex Parte Rosa Estela Olvera

2. “getting into the personal thing any more.” The prosecutor responded that the question was relevant to the issue of Dr. Kanfer’s bias, and the trial judge overruled the objection. At the end of her cross-examination, after the prosecutor asked about Dr. Kanfer’s disagreement with Dr. Alexander’s opinions, the prosecutor said, Q: But you’re not angry at Dr. Alexander. A: No, he’s a nice guy. Q: Okay. Well, then you don’t want to tell him to go [expletive] himself. A: No. The court of appeals concluded that the trial judge did not err in permitting this cross-examination because”

   1 later decision quote this exact passage
   e.g. Jimenez, Ex Parte Rosa Estela Olvera

3. “A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. Section 3.04 [severance] does not apply to criminal episodes prosecuted under both this section and another section of this code. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently.”

   1 later decision quote this exact passage
   e.g. Desormeaux v. State