Ex parte Garcia’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Garda, I urged this Court to take steps towards remedying this problem through the appointment of counsel for indigent habeas applicants who have col-orable ineffective-assistance claims, but this Court has refused to require the appointment of counsel under those circumstances, which would largely rectify this problem. As I observed in Garcia, the statutory basis for appointing counsel under those circumstances already exists in Texas. In particular, I noted that Article 1.051 of the Texas Code of Criminal Procedure entitles an indigent habeas applicant to appointed post-conviction counsel whenever the habeas court determines that “the interests of justice of justice require representation.” Based on that statutory authority, I suggested that this Court should remand any pro se habeas application to the habeas court for appointment of counsel in the interest of justice when “either the pleadings or the face of the record gives rise to a colorable, nonfrivo-lous [ineffective-assistance] claim.””

   1 later decision quote this exact passage · from the majority
   e.g. Griffith v. State