Huffman v. State’s Empirical Analysis

Citation profile

22 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Mrs. R. D. Lasater testified that she was conscientiously opposed to the imposition of death as a punishment for crime in all cases and could not impose such punishment for the offense of murder with malice aforethought. After the state had challenged Mrs. Lasater for cause, the appellant asked to take her on voir dire to further explore her feelings about the death penalty in the case. The court replied that in light of her answers to the court’s questions the request would be refused. The court should have granted the request to further examine Mrs. La-sater. The voir dire examination of Lasater was made only by the trial court. No questions were addressed to her by counsel for the state or the appellant. Her testimony on voir dire was clear, positive, unequivocal, and without reservation. In light of the instructions given her by the trial court, the court’s opportunity to observe her and to hear her answers, and the fact that the state exercised but 7 of its 15 challenges, the excusing of Lasater on the state’s challenge would not constitute reversible error. . . . ””

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

2. “The reason given by the state for challenging [the venireperson] may seem hard to believe in that notice had been given that the state would seek the death penalty. Yet, that reason may be valid in fact when it is considered that the jury is the sole judge of the credibility of the witnesses and the weight to be given to their testimony; and it is upon this testimony that the jury must assess the punishment if they find the defendant guilty. It is evidence [sic] that a two-year term is a definite phase of the law which is authorized by the plain provisions of the statute. In our adversary system either a prosecutor or a defendant may, at the close of the evidence in the case be willing to settle for a two-year term rather than a mistrial because of a hung jury. The defendant and the state as is shown by the provisions of two sections of the statutes which refer to punishment have the right to have the punishment assessed within the limits prescribed by law after a finding of guilty.”

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

3. ““The fact that one or more veniremen may have been excused on challenge for cause without a full showing that they would not in any case vote for the death penalty does not mean that the jury was chosen by excluding veniremen for cause simply because they voiced general objections to the death penalty or that the state ‘stacked the deck’ against appellant. “It means simply that counsel for the defense did not see fit to examine them further, either because he did not want the particular juror or because he was satisfied that they understood that, having scruples against the death penalty, they would not consider voting for the death penalty in any case.” See also Huffman v. State, Tex.Cr.App., 450 S.W.2d 858 ; McKenzie v. State, Tex.Cr.App., 450 S.W.2d 341 ; Thames v. State, Tex.Cr.App., 453 S.W.2d 495 .”

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