Webb v. State’s Empirical Analysis

Citation profile

39 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Accordingly, we must assess harm from the violation of [a notice provision similar to Rule 404(b)’s] against its intended purposed 6 ] Although the violation of the notice provision resulted in the improper admission of evidence, we cannot employ the harm analysis used for violations of the rules of evidence concerning relevancy because the purpose of those rules differs from the purpose of the [Rule 404(b) notice provision]. The rules of evidence governing relevancy limit the use of evidence that may be unfairly prejudicial or misleading; for instance, evidence of other crimes, wrongs, or acts is inadmissible to prove the character of a person to show that the commission of the crime at issue is consistent with the defendant’s character, but is admissible for other purposes. [Citation omitted]. When evidence of an extraneous offense is admitted to prove such character conformity, we examine the record to determine how the admission of this substantively inadmissible evidence affected the jury’s verdict. [Citation omitted]. That test is appropriate because the erroneous admission of the evidence thwarts the rule’s purpose of shielding the jury from evidence used for improper reasons. [Citation omitted]. The notice requirement found in [the Rule 404(b) ], however, does not relate to the substantive admissibility of the evidence. [Citation omitted]. The lack of notice does not render the evidence inherently unreliable, but instead raises a question about the effect of procedura”

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

2. “In Webb , the fact issue in dispute was whether the defendant committed aggravated sexual assault of the complainant, a topless dancer. At trial, the State presented testimony from another topless dancer, who had also been sexually assaulted by the defendant in a similar manner. The trial court ruled extraneous-offense evidence was admissible because it was a “signature type” offense that showed “ ‘opportunity, plan, maybe motive, scheme....’” However, we noted there was no dispute as to identity, motive, intent or any of the other Rule 404(b) exceptions. The State contended the extraneous-offense evidence was offered for the purpose of challenging a defensive theory raised during cross-examination of the complainant that she was mistaken or unsure about the events due to her level of intoxication. However, we explained that evidence of an extraneous offense against the other topless dancer “could not assist the jury in its determination of whether the appellant sexually assaulted [the complainant] except by showing character conformity in violation of rule 404(b).” Otherwise, any time a cross-examination challenged the complainant’s credibility or recall, extraneous offenses would always be allowed in-totally eviscerating Rule 404(b) and the policies underlying the prohibition against the admission of such evidence.”

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

3. “Evidence of other crimes, wrongs, or acts is not admissible tó prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice for good cause shown, of the general nature of any such evidence it intends to introduce at trial.”

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