Scott v. State’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. “Not surprisingly, courts cannot agree on what constitutes a sufficient amount of time to be “reasonable.” We have stated that notice provided ten days before trial will be presumptively reasonable. We have also stated that three days’ notice over a weekend is presumptively unreasonable. The timing of the defendant’s request, however, can have some bearing on the reasonableness of the timing of the State’s notice. For example, five days’ notice was determined reasonable when the defendant had made his request only two weeks earlier. In reality, “reasonable notice" depends upon the facts and circumstances of each individual case. Therefore, courts have examined factors other thorn the actual time frame to determine whether notice was reasonable. Some ... have focused on the defense. In Self [v. State, 860 S.W.2d 261 (Tex.App.-Fort Worth 1993) ], the court held that because defense counsel was able to cross-examine witnesses about the specifies of the extraneous acts, there was no surprise and, therefore, notice of the State’s intent to introduce evidence of these acts was adequate. We agreed with the Self court when we stated that the purpose of reasonable notice is “to allow the defendant adequate time to prepare for the State’s introduction of the extraneous offenses at trial.””

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