Rose v. State’s Empirical Analysis

Citation profile

1 federal appellate · 34 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"... then it is error for the trial judge to fail to require production of a prior and available statement of the witness, though the error may be harmless. The harmfulness of the error is dependent upon whether an examination of the statement by this Court demonstrates that the defendant should have been allowed the statement for the purpose of cross-examination and possible impeachment. Error, of course, will result if the defendant is denied the opportunity to have made available such statement for the appellate record for the purpose of showing injury, if any." (emphasis supplied) Rose v. State, 427 S.W.2d 609, 612 (Tex.Cr.App.1968) (concurring opinion).”

   4 later decisions quote this exact passage
   e.g. Lewis v. State · Campos v. State

2. ““The rule applies where demand is made after the witness has testified on direct examination and is for the purpose of cross-examination and possibly impeachment purposes, whether the statement has been used by the witness before trial to refresh his memory or not.” (Emphasis added.)”

   2 later decisions quote this exact passage
   e.g. Lewis v. State · Carraway v. State

3. ““The necessity for the right to inspect is not changed by virtue of the fact that another person’s work is used to refresh one’s memory. In fact, it would seem that there would be added reason to allow an inspection as a matter of right. Not only are the same safeguards needed (i. e. a right to see that the evidence is not merely fabricated, the right to see if there is anything in the report which would detract from the witness’ memory) but an additional safeguard is needed. This additional safeguard is the right to test the witness on cross to see if the facts about which he is testifying were his own observations and independent recollections or were merely gleaned or memorized by him from this hearsay report. At the very least, the defendant should be entitled to have such a report made a part of his bill of exceptions to allow the appellate court to decide if the defendant was injured by not being permitted by the trial court to inspect the report.””

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