Thomas v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When the jury asks the trial court to read back certain disputed testimony, the trial court judge must first determine if the jury’s inquiry is proper under Article 36.28. If it is proper, the trial court must then interpret the communication and decide what sections of the testimony will best answer the inquiry. The trial court has discretion to decide “what sections of the testimony will best answer the query, and limit the testimony accordingly.” However, if a trial court reads too much or too little testimony to the jury, such a response may serve to bolster the State’s case unnecessarily. An appellate court should not disturb a trial court judge’s decision under Article 36,28 unless a clear abuse of discretion and harm are shown.”

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

2. “[I]f the appellate court, after examining the record as a whole, has fair assurance that the error did not influence the jury, or had but a slight effect,”

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

3. “A substantial right is affected when the error had a substantial and injurious effect or influence in determining the jury's verdict.”

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