Steward v. State’s Empirical Analysis

Citation profile

38 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There can be no question that a showing on direct appeal of a failure to comply with the mandatory provisions of Article 26.04, supra, would call for reversal. Farmer v. State, Tex.Cr.App., 419 S.W.2d 382 ; Bennett v. State, Tex. Cr.App., 382 S.W.2d 930 ; Ex parte Gudel, Tex.Cr.App., 368 S.W.2d 775 . Cf. Ex parte Meadows, Tex.Cr.App., 418 S. W.2d 666 (a different rule prevails in a collateral attack on an otherwise valid conviction in the absence of a showing of injury). “If, on the other hand, counsel’s appointment has been more than ten days prior to trial, Article 26.04, supra, has no application. Lamar v. State, Tex.Cr. App., 415 S.W.2d 926 . “In absence of a showing of the date of trial counsel’s appointment, we would not be inclined to reverse under the circumstances here presented.” (Emphasis added.)”

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