Ex Parte Clark’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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “****** .. . We have held that the total failure of the court’s charge to apply the law to the facts infringes two areas of the state and federal constitutions. First, it ‘goes to the very basis of the cases’ and denies ‘the fair and impartial trial to which [defendants] are entitled under the federal and state Constitutions’; that is, under the due process provisions of the Fourteenth Amendment to the United States Constitution and the due course of law provision in Article 1, Section 19, of the Texas Constitution. Harris v. State, 522 S.W.2d 199, 202 (Tex.Cr.App.1975). Second, the failure of the charge to apply the law to the facts ‘impairs the right to trial by jury and, therefore, by definition, is “calculated to injure the rights of defendant,” [V.A.C.C.P., Article 36.19] to a trial by jury,’ which rights are guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution and Article 1, Section 10, of the Texas Constitution. Williams v. State, 547 S.W.2d 18, 20 (Tex.Cr.App.1977). ******”

   4 later decisions quote this exact passage
   e.g. Barrera v. State · Doyle v. State

2. “If you believe from the evidence beyond a reasonable doubt that the allegations set out in Enhancement Paragraph One of the indictment are true, you will state in your verdict that you find “true” the allegations of Enhancement Paragraph One of the indictment; but unless you so believe, or if you have a reasonable doubt thereof, you will answer “not true” to the allegations of Enhancement Paragraph One of the indictment. If you believe from the evidence beyond a reasonable doubt that the allegations set out in Enhancement Paragraph Two of the indictment are true, you will state in your verdict that you find “true” the allegations of Enhancement Paragraph Two of the indictment; but unless you so believe, or if you have a reasonable doubt thereof, you will answer “not true” to the allegations of Enhancement Paragraph Two of the indictment. If you have answered “true” to both Enhancement Paragraph One and Two of the indictment, you will assess the punishment of the defendant at confinement in the Texas Department of Corrections for any term of years not less than 25, nor more than 99, or life. If you have answered “true” to Enhancement Paragraph One of the indictment; or if you have answered “not true” to Enhancement Paragraph One of the indictment and “true” to Enhancement Paragraph Two of the indictment, you will assess the punishment of the defendant at confinement in the Texas Department of Corrections for any term of years not less than two, nor more than 20 years; and a fi”

   1 later decision quote this exact passage · from the majority
   e.g. Rice v. State