Ex Parte Davila’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “”[T]his Court is given broad power ‘upon affidavit or otherwise to ascertain ... matters of fact' in habeas corpus cases. Art. V, Sec. 5, Vernon’s Ann.Tex.Const. (Emphasis added). And Article 11.07 of our Code of Criminal Procedure provides that the trial court may hold a hearing on a habeas corpus petition before entering his findings of fact and conclusions of law; thus, such a hearing is not required. Construing these constitutional and statutory provisions together, we conclude that the proper standard in such cases as the one before us is whether ‘the fact-finding procedure there employed was ... adequate for reaching reasonably correct results.’ ” (All emphasis in original).”

   1 later decision quote this exact passage
   e.g. Ex Parte Huerta

2. ““As we held in our original opinion, this case is controlled by subsection 6(b) of the Savings Provision of our new Penal Code. Under that provision, the trial court was required to dismiss the indictment as soon as it became evident that the conduct alleged was no longer an offense. Once this lack of jurisdiction manifested itself, the sufficiency of the evidence ceased to be relevant, since the indictment should have been dismissed when the evidence was presented showing the complainant to have been over seventeen years of age. [footnote omitted]” Ex Parte Davila, supra at 546 .”

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