Warner v. State’s Empirical Analysis

Citation profile

71 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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Now, if you find from the evidence beyond a reasonable doubt that on or about the 17th day of May, 2008, ... [appellant] did then and there unlawfully, with intent to influence a prospective witness, in an official proceeding, to-wit: [the computer theft case], offer or confer or agree to confer a benefit on Sabrina Belfon to testify falsely; or if you find from the evidence beyond a reasonable doubt that on or about the 17th day of May, 2008, ... [Uyamadu] did then and there unlawfully, with intent to influence a prospective witness, in an official proceeding, to-wit: [the computer theft case], offer or confer or agree to confer a benefit on Sabrina Belfon to testify falsely, and that [appellant], with intent to promote or assist the commission of the offense, if any, solicited, encouraged, directed, aided or attempted to aid [Uyamadu] to commit the offense, if he did, then you will find [appellant] guilty of tampering with a witness, as charged in the indictment.”

   6 later decisions quote this exact passage · from the majority
   e.g. Juan Rodriguez v. State · Martinez v. State

2. “The failure to preserve jury-charge error is not a bar to appellate review, but rather it establishes the degree of harm necessary for reversal. Because the appellant did not object to the charge, the error does not result in reversal “unless it was so egregious and created such harm that appellant was denied a fair trial.” To determine “egregious harm,” a reviewing court examines “the entire jury charge, the state of the evidence, including the contested issues and weight of the probative evidence, the arguments of counsel, and any other relevant information revealed by the record of the trial as a whole.” The appellant must have suffered actual, rather than theoretical, harm. “Errors that result in egregious harm are those that affect ‘the very basis of the case,’ ‘deprive the defendant of a valuable right,’ or ‘vitally affect a defensive theory.’ ””

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

3. “We now expressly find that, in the context of Almanza, supra, and Article 36.19, supra, the presence of any harm, regardless of degree, which results from preserved charging error, is sufficient to require a reversal of the conviction. Cases involving preserved charging error will be affirmed only if no harm has occurred. See id. at 171 (“In other words, an error which has been properly preserved by objection will call for reversal as long as the error is not harmless.”).”

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