Ex Parte Derese’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. ““Do you find from the evidence beyond a reasonable doubt that there is a probability that the defendant, James Livingston, would commit criminal acts of violence that would constitute a continuing threat to society?””

   2 later decisions quote this exact passage
   e.g. Ex Parte Lackey · Livingston v. State

2. ““The term ‘proof is evident’ means that the evidence is clear and strong, leading a well-guarded and dispassionate judgment to the conclusion that the offense of capital murder has been committed; that the accused is the guilty party; and that the accused will not only be convicted but that the jury will return findings which will require a sentence of death.” Ex parte Wilson, 527 S.W.2d 310 (Tex.Cr. App.1975), and cases there cited; Ex parte Derese, 540 S.W.2d 332 (Tex.Cr. App.1976); Ex parte Hammond, 540 S.W.2d 328 (Tex.Cr.App.1976).”

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