Montemayor v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is fundamental that when a witness in a criminal case testifies about a specific fact or event, and that fact or event is more than a very minor detail of his testimony, then the opposing side may present evidence to rebut the testimony. Such impeachment goes directly to the credibility of the witness, a factor that in many cases may critically affect the outcome of the prosecution. E. g., Daley v. State, Tex.Cr.App., 491 S.W.2d 932 ; Simons v. State, 167 Tex.Cr.R. 15 , 317 S.W.2d 740 ; Freeman v. State, 166 Tex.Cr.R. 626 , 317 S.W.2d 726 ; Redding v. State, 161 Tex.Cr.R. 53 , 274 S.W.2d 712 (on motion for rehearing). The right to impeach the prosecution’s witnesses is also one aspect of the Sixth Amendment right of confrontation. See, e. g., Davis v. Alaska, 415 U.S. 308 , 94 S.Ct. 1105 , 39 L.Ed.2d 347 (1974); Napue v. Illinois, 360 U.S. 264 , 79 S.Ct. 1173 , 3 L.Ed.2d 1217 (1959).””

   2 later decisions quote this exact passage
   e.g. Bates v. State · Binnion v. State