Hammock v. State’s Empirical Analysis

Citation profile

66 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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly; but, in the absence of such request the court’s action in admitting such evidence without limitation shall not be a ground for complaint on appeal.”

   4 later decisions quote this exact passage · from the majority
   e.g. Sanders v. State · Reeves v. State

2. “the spirit of the rule and the contemplation of the rule-makers includes two separate notions: First, that limiting instructions actually curb the improper use of evidence and, second, that the rule should act in a way that not only “restrict[s] the evidence to its proper scope,” but does so as effectively as possible. TexR.Crim. Evid. 105(a). Working under these notions, logic demands that the instruction be given at the first opportunity. If limiting instructions impede the improper use of evidence, then an instruction given when the evidence is admitted limits that evidence to its proper scope immediately. An instruction given for the first time during the jury charge necessarily leaves a window of time in which the jury can contemplate the evidence in an inappropriate manner ... Because we have determined that TexR.CRIm. Evid. 105 requires a limiting instruction, upon proper request, when evidence is admitted and because we see no reason not to adopt the “better” and most effective application of Rule 105(a), we hold that the court of appeals erred in affirming the trial court’s decision to defer the limiting instruction until the jury charge. Having held the court of appeals in error, we remand the case to them so that they may determine whether such error is subject to a harmless error analysis under Tex.R.App. P. 81(b)(2), and, if so, whether the error is harmless in fact.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Lemmons v. State

3. “Because the evidence in question was admitted for all purposes, a limiting instruction on the evidence was not `within the law applicable to the case,' and the trial court was not required to include a limiting instruction in the charge to the jury.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Bryant v. State