Ex Parte Alba’s Empirical Analysis

Citation profile

1 federal appellate · 8 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although Article 11.071 provides the ex-elusive procedures for a writ in which a death-row inmate may seek habeas relief from his conviction or sentence, no Texas statute limits the authority or jurisdiction of this Court to consider an original habeas application by such an inmate seeking relief from an unconstitutional manner of carrying out his ad■mittedly lawful sentence. Although we have the authority to exercise original-writ jurisdiction under the Texas Constitution, that is- a power that we should exercise with great caution. Nonetheless, given the gravity of the claim presented and the inability of a Texas civil court to enjoin the carrying out of a lawful criminal sentence in the context of a civil-rights lawsuit, I would exercise it in this specific situation.”

   1 later decision quote this exact passage
   e.g. Ex Parte Masterson

2. “{¶ 24} “[Ejven if the mixture currently used for lethal injection is determined to violate the Eighth Amendment, Applicant would still not be entitled to release or retrial— he would still be subject to the same sentence, which would be carried out using a different mixture as determined by the Texas Department of Criminal Justice. Additionally, the three-drug mixture Applicant complains about may not even be used when the date of his execution is set. Therefore, any consideration of the merits would result in a declaratory judgment and would not result in relief for Applicant. See Ex Parte Puckett, 161 Tex.Crim. 51 , 274 S.W.2d 696, 697 (1954) (stating, ‘This court is not authorized to enter a declaratory judgment.’).” Id. at 686.”

   1 later decision quote this exact passage
   e.g. Scott v. Houk

3. “available under Article 11.071 should the Director mistakenly believe that the judgment of conviction and sentence of death authorized him to draw and quarter a death-row inmate? . Ex parte Alba, 256 S.W.3d at 685. . 956 S.W.2d 41 (Tex.Crim.App.1997). . Id. at 42 , citing J. Jasuta, et al., Texas Criminal Writ Practice 88 (1997). . Jasuta, supra. . 734 S.W.2d 349 (Tex.Crim.App.1987). . Id. at 353 (”

   1 later decision quote this exact passage · from the concurrence
   e.g. Ex Parte Chi