Ex Parte Paul’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The term ‘proof is evident’ means the accused, with cool and deliberate mind and formed design, maliciously killed the deceased, and that upon a hearing of the facts before the court a dispassionate jury would, upon such evidence, not only convict but would assess the death penalty.” Ex parte Paul, Tex.Cr.App., 420 S.W.2d 956 . See also 8 Tex.Jur.2d, Bail and Recognizance, Sec. 18, p. 137.”

   2 later decisions quote this exact passage
   e.g. Ex Parte Perez · Ex parte Short

2. ““In performing this duty it has long been the policy of this Court in proceedings of this nature to refrain from stating the facts at length and of expressing a conclusion as to the sufficiency of the evidence to show the defendant’s guilt. The purpose of such policy is that the trial should proceed without pre-judgment by this Court.” Ex parte Paul, supra.”

   2 later decisions quote this exact passage
   e.g. Montalvo v. State · Ex parte Short

3. “"The burden is upon the State to establish that the `proof is evident' in order to defeat bail. Ex parte Donohoe, 112 Tex.Cr.R. 124 , 14 S.W.2d 848 ; Ex parte Readhimer, 123 Tex.Cr.R. 635 , 60 S.W.2d 788 , and Ex parte Coward, 145 Tex.Cr.R. 593 , 170 S.W.2d 754 . The trial court has by denial of bail to this appellant construed that facts presented as showing a case of `proof evident.' It is the duty of this Court to determine if the trial court was authorized to reach that conclusion."”

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