Whitehead v. State’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If a witness has once testified in a case, on a preliminary hearing or on a former trial, and the accused was present and had the opportunity to cross-examine the witness, and such witness has since died, or resided out of the state, or has removed beyond the limits of the state, or cannot attend the trial by reason of age or bodily infirmity, or has been prevented from attending court through the act or agency of the other party, his testimony may be reproduced on a subsequent trial of the same case if the proper predicate be laid for its admission. See Article 39.01, V.A.C.C.P.; 1 Branch’s Ann.P.C.2d Ed., Sec. 98, p. 110. To be admissible it must be shown that the witness’ testimony at the former trial or hearing was given under oath, that it was competent, that the accused was present and had an adequate opportunity to cross-examine him through counsel, that the accused was the defendant at the former trial or hearing upon the same charge. See 24 Tex.Jur.2d, Sec. 698, p. 337; Pointer v. State of Texas, 380 U.S. 400 , 85 S.Ct. 1065 , 13 L.Ed.2d 923 . Such predicate must be clearly and satisfactorily established before such testimony can be reproduced. 1 Branch’s Ann.P.C.2d Ed., Sec. 99, p. 112. “This traditional exception to the confrontation requirement where the witness is unavailable and has given testimony at a previous judicial proceeding against the same accused which was subject to cross-examination by him ‘has been explained as arising from necessity and justified ”

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

2. ““Q. You never intended to pull that trigger; you never intended to kill Art Peel? A. No, sir, I never intended to kill him. * * sf: ⅜ * # Q. You didn’t want to hurt him, either, though, did you? A. I didn’t want to kill him. Q. Did you intentionally pull the trigger or not? That’s what I am trying to find out. A. No, sir, I never had it in my mind. I flinched and the gun went off.””

   1 later decision quote this exact passage
   e.g. Bounds v. Caudle