Bigby v. Cockrell’s Empirical Analysis

Citation profile

9 federal appellate · 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Q. How are you employed? A. I’m employed by Judge Leonard as Grand Jury bailiff, Tarrant County. Q. About 10:00 o’clock this morning were you in his office? A. Yes, I was. Q. Do you remember anybody else who was in the office? A. Yes. A man came through the door to the right side of me with a gun in his hand. Q. Do you see that person in the courtroom? A. Yes, I do .... This man over here with a suit on and hair back. Mr. Medlin: Your honor, may the record reflect she has identified the Defendant? THE COURT: It may so reflect Q. Was Judge Leonard in the room? A. Yes, he was .... Q. What did the person you identified do as he walked into the Judge’s room, office? A. He walked into the room beside the desk .... He had a gun in his hand. He walked up about two steps toward the Judge ... and he pointed it at his head and said, “Let’s go, Judge.” Q. What happened at that point? A. At that point the Judge looked up at him and immediately jumped up out of his chair and grabbed the gun hand, slammed it up and back against the wall. They ended up against the wall, and when they did I ran out looking for someone to help. Q. Where did you see the person you identified point the gun at the Judge; at what part of the Judge did he point the gun? A. He pointed it right at his head. He was standing over — the Judge was sitting and he was standing over him, and he had it right at his head. Q. Are you talking about Judge Leonard seated just to your right? A. Yes, sir. Judge Leonard was seated ”

   1 later decision quote this exact passage · from the majority
   e.g. Bigby v. Dretke

2. “Q. As a result of [the psychiatric] examinations, were you able to form an opinion as to whether or not Mr. Bigby suffered from mental illness or mental defect. A. Yes, sir, I was. Q. And what is that? A. Yes, in my opinion he is suffering from a mental illness, that being chronic paranoid schizophrenia. Q. During the examinations that you did of Mr. Bigby, did you discuss with him the basis of the charges against him here, the killings of the infant, Jayson [Trekell], and his father, Mike Trekell? A. Yes, sir, I did. Q. And as a result of your conversations regarding these murders with Mr. Big-by; were you able to form an opinion as regards to his sanity at the time of the offense. A. Yes, sir, I was. Q. And what is that opinion, Doctor? A. It is my opinion at the time of the offense Mr. Bigby was suffering from a severe mental illness and was not aware of the difference between right and wrong. He could not appreciate it. Q. Is it your opinion that ... in connection with this schizophrenic illness that he suffers from, does Mr. Bigby have any type of delusions or delusional system that he suffers from. A. Oh, yes, sir, he certainly does. Q. What is the nature of that? A. Well, this goes back to the injury that he had while working for Frito Lay. He was awarded — in his mind— $26,000, which Frito Lay refused to pay. He felt that they were sending people out to follow him, look at him. He felt that they were plotting against him. And this slowly spread to include other people”

   1 later decision quote this exact passage · from the majority
   e.g. Bigby v. Dretke

3. “Q. During a break earlier this morning about 10:00 o’clock, where were you? A. I was sitting at my desk over there. Q. Who was in the courtroom as you recall at that time? A. The defendant, and I think you were. Q. When you say “the defendant,” who are you talking about? A. James Bigby, the gentleman at the end of the table there .... Q. The jury was not in the courtroom, were they? A. No, sir .... Q. While you were seated ...., what did the defendant do? A. He got up like he was going to get a drink of water and then— Q. What happened at that point? A. And he didn’t get any water and he started running behind the bench. I jumped up and started after him Q. What did he do? A. He reached in and got to the Judge’s desk and started reaching for the drawer, and I drew my weapon. Q. Did you say anything at that point? A. I told him to stop again. Q. Did he? A. No. He pointed a gun at me .... Q. When you say “a gun,” what kind of gun are you talking about? A. .38 Colt. Q. Revolver? A. Yes, sir. Q. What did he do with that gun? A. He pointed it towards me. Q. What happened at that point? A. I ducked down behind the clerk’s desk, and then I heard a noise, sounded like the Judge’s chair was moving. So I jumped up and saw him running, and then I came around by the court reporter’s desk and he pointed the gun at me again and I ducked, and by the time I could get back up, he had gone through the door into the corridor.”

   1 later decision quote this exact passage · from the majority
   e.g. Bigby v. Dretke