McIlveen v. State’s Empirical Analysis

Citation profile

48 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Although it is obvious that the jury improperly discussed the parole law, we are unable to say that Richardson or any other juror changed his or her vote as a result of the discussion. Her testimony is conflicting and she could only speculate whether the discussion affected the other jurors. She was sure that she herself had not consciously relied upon the discussion. . . . The trial judge, having the right to accept or reject any part of her testimony, obviously accepted Richardson’s statements that she did not know about the other jurors but that the dis cussion about parole did not influence her. We are unable to say that the trial judge abused his discretion in overruling appellant’s motion for a new trial.””

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

2. ““The evidence shows at best that the jurors mentioned that which is common knowledge about the law of parole; i.e., some inmates of the Texas Department of Corrections are released prior to serving their full term, especially if they behave well in the penitentiary. No juror professed to know the law of parole and none misstated the law to the others. Such conduct on the part of the jury does not constitute receipt of additional evidence so as to require reversal under Article 40.03, Section 7, V.A.C.C.P., and although mentioning the parole law constitutes jury misconduct, here it was not such misconduct as to deny appellant a fair and impartial trial.””

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

3. “The record reflects specifically that he did not make [the third instance of separation] a part of his motion for new trial. To be a valid ground of error in this Court, the separation needs to be alleged in the motion for new trial so the State may have the opportunity to rebut the presumption of harm. Green v. State, 510 S.W.2d 919 , Tex.Cr.App. If appellant does seek to present such error here for the first time, it has not been properly preserved and will not be considered.”

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