Cuevas v. State’s Empirical Analysis

Citation profile

15 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"(c) A challenge for cause may be made by the defense for any of the following reasons: "(1) .... "(2) That he has a bias or prejudice against any of the law applicable to the case upon which the defense is entitled to rely, either as a defense to some phase of the offense for which the defendant is being prosecuted or as a mitigation thereof or of the punishment therefor." [Emphasis supplied.]”

   2 later decisions quote this exact passage
   e.g. Burnett v. State · Pierce v. State

2. ““Q. (Defense Counsel): I’ll not go through the whole question again with you, but I think you see what I’m asking. Having found the Defendant guilty of the offense of murder for the voluntary, intentional killing of a Deputy Sheriff but having a reasonable doubt or believing the State has failed to prove that the Defendant at the time of the shooting knew the deceased was a Deputy Sheriff, could you in the proper case and under the proper circumstances after hearing all the facts brought out by either side consider and give a sentence of the minimum five years in the Texas Department of Corrections if you believed it to be the proper thing to do? ****** A. No. If it’s murder, I think he should have more than five years period. ****** Q. (Defense Counsel): Also in a murder case having found the defendant guilty of murder could you, after taking all the facts and circumstances into consideration and if you thought it proper, could you in the proper case consider and give the minimum of five years in the Texas Department of Corrections? A. No,””

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

3. ““in the trial of a criminal case where an accused has been wrongfully deprived of a peremptory challenge by being forced to use such upon a juror who was shown to be subject to a challenge for cause, and such accused has exhausted his peremptory challenges, and a further juror be presented whom he states to be objectionable to him, then it will not be necessary for accused to show in what manner such further juror was objectionable to him, nor to show that such juror was an unfair or partial juror. In further words, we think the accused should only be required to exercise a peremptory challenge on the objectionable juror and not a challenge for cause, nor show grounds for a challenge for cause, nor to show why such juror was objectionable to him.” (Emphasis ours.)”

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