James v. State’s Empirical Analysis

Citation profile

39 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Article 39.02 was rewritten in part ... to make it absolutely clear to all concerned, particularly the appellate court, that the trial court has wide discretion in either granting or denying an application for deposition. It was feared that if this was not done most trial judges would grant every such application for fear that a time-consuming, expensive trial would be reversed merely because he had refused one such application. It was further feared that the deposition practice by the defendant might be otherwise abused, particularly in sex offenses where the complaining witness is of tender age.”

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

2. “The trial court has wide discretion in either granting or denying a motion for taking a deposition ... and the fact that witnesses of whom depositions are requested are adverse witnesses is not enough standing alone to show an abuse of discretion in denying the motion to take a deposition. ... In the instant case there has been no showing that the appellant was injured by the court’s ruling.”

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

3. “The whole purpose of the rule of judicial notice is one of convenience to save time in the trial by eliminating the need for proof of facts about which there is really no controversy.”

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