Davis v. State’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. ““Unlike the majority, I would not hesitate to consider the testimony developed at the hearing in the trial court while it still had jurisdiction of the case. See Art. 40.09, V.A.C.C.P. While the majority may be technically correct, if the hearing was on motion for new trial filed two months earlier, I think we spin judicial wheels unnecessarily when the majority suggests that appellant go back to the trial court for possible collateral attack upon the conviction relating to the effective assistance of counsel in order to bring back to this Court the very same testimony which is now in the record before us . The lack of finality of a criminal judgment is an ever increasing problem of the courts of this country and our procedure should be flexible enough to put to rest questions raised on appeal once and for all rather than relying on procedural technicalities relating to motions for new trial to side step questions while suggesting the question can be raised again by collateral attack which will again consume the time of the trial court and of this Court at great and additional expense to the tax payers where the appellants are indigent. No judicial economy is here involved.””

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