Ex Parte Cardwell’s Empirical Analysis

Citation profile

62 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We have held that while the language of the statute [4639a] and the rule [Tex. R.Civ.P. 308-A] is mandatory, trials for contempt conducted upon less than ten days’ notice will not constitute a denial of constitutional due process in all instances; and contempt judgments based on such trials may, therefore, be valid. Where there is less than ten days’ notice, the relator may be entitled to be discharged because of a lack of due process. Ex parte Davis, 161 Tex. 561 , 344 S.W.2d 153 (1961). As we said in Davis , each case must be evaluated on its own facts.””

   2 later decisions quote this exact passage
   e.g. Ex parte Trodlier · Ex Parte Cox

2. “it would be unconscionable for us to establish a precedent in contempt cases that a trial court could order the seizure and incarceration of a citizen with no notice and then deprive him of a right to relief in a habeas corpus proceeding by reciting in its judgment that the person had been “duly served.” See Ex parte Wilkinson, 102 Tex.Cr.R. 336 , 278 S.W. 426 (1925). [A] contempt proceeding is unlike a civil suit, has some of the incidents of a trial for crime, and is quasi-criminal in nature.”

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