McCrea v. State’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““While the general rule is that specific acts of misconduct by the accused which have not resulted in final convictions cannot be admitted, this court has been reluctant to exclude legally admissible evidence which is relevant to a fair determination of an accused’s application for probation. . . . ” (cases cited omitted) 478 S.W.2d at 959 .”

   3 later decisions quote this exact passage
   e.g. Murphy v. State · Holmes v. State

2. ““ ‘Evidence to be offered at the hearing on punishment pursuant to the provisions of Article 37.07, Section 2(b), Vernon’s Ann.C.C.P. is by no means limited to the defendant’s prior criminal record, his general reputation and his character. Evidence legally admissible to mitigate punishment or evidence that is relevant to the application for probation, if any, is also admissible.’ 418 S.W.2d at 519 . See White v. State, 444 S.W.2d 921, 923 (Tex.Cr.App.1969); Basaldua v. State, 481 S.W.2d 851 , (Tex.Cr.App.1972); Brumfield v. State, 445 S.W.2d 732, 741 (Tex.Cr.App.1969); Santiago v. State, 444 S.W.2d 758 (Tex.Cr.App.1969). “And, in Davis v. State, 478 S.W.2d 958 (Tex.Cr.App.1972), this court wrote: “ ‘While the general rule is that specific acts of misconduct by the accused which have not resulted in final convictions cannot be admitted, this court has been reluctant to exclude legally admissible evidence which is relevant to a fair determination of an accused’s application for probation .... ’ (cases cited omitted) 478 S.W.2d at 959 . “The issue of probation for this appellant, who had plead guilty to the possession of marihuana, was squarely before the jury. We are not here dealing with improper impeachment under Article 38.-29, Vernon’s Ann.C.C.P., or testimony which was not proper under Article 37.07, Vernon’s Ann.C.C.P. Other issues can become involved rendering relevant testimony admissible. See McCrea v. State, 494 S.W.2d 821 (Tex.Cr.App.1973), where defendant was asked”

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