Miller v. State’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Ajppellant testified that Magee threatened her, forcing her to make the delivery to the undercover officer. There was little, if any, attenuation between the delivery of the cocaine and the assault. Appellant proffered the testimony that Magee pursued her after she made the delivery. When Magee caught up to her a few hours after the delivery and discovered the deal had not gone the way he wanted and that he would not receive the money from the delivery which he expected, he then carried out the threat he made before the delivery and assaulted appellant. A rational jury could find that this evidence helps to prove that appellant was under a constant state of duress from Magee when she delivered the cocaine, that this duress caused her to fear for her safety, and that her fear was reasonable. Appellant’s testimony that Magee assaulted her tended to make the existence of a consequential fact more probable, ie., that appellant delivered the cocaine under duress than it was without the admission of the testimony.... We, therefore, conclude the trial court abused its discretion by excluding the testimony as irrelevant based on when the assault occurred. We conclude the evidence of the assault was relevant under [Texas Rule of Evidence] 401.”

   2 later decisions quote this exact passage · from the majority
   e.g. Hernandez v. State · Miller v. State

2. “any tendency to make the existence of any fact ... more probable or less probable than it would be without the evidence.”

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