Ex Parte Forward’s Empirical Analysis

Citation profile

7 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Arguably this provision overrides the “rule of lenity.” It is more strongly worded than the Penal Code counterpart that provides, "The rule that a penal statute is to be strictly construed does not apply to this code. The provisions of this code shall be construed according to the fair import of their terms, to promote justice and effect the objectives of the code.” [Citing Tex. Penal Code Ann. § 1.05 (a)]. Even if the “rule of lenity” applies to the construction of the Code of Criminal Procedure, it provides the rule of decision only "when both alternative choices or definitions are more-or-less equally reasonable.” [Citing Cuellar, 70 S.W.3d at 823 n. 8 (Cochran, J., concurring)]. At the least, Cuellar and Forward make it clear that, if the "rule of lenity” is to be given effect in the Texas courts, it will be applicable only when two or more statutes are ambiguous. That is not the case here.”

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