Ex Parte Jackson’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The language deleted from Art. 1.14, supra, by the 1973 amendment did expressly allow waiver of a jury when the death penalty was not sought. By removing that provision of the prior law and enacting the current version of Art. 1.14 in absolute terms as part of the present capital felony statutory scheme, the legislature expressed a clear intent to abolish the prior practice that cannot be denied.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Ex Parte Bailey

2. ““It is clear from what has been said that the state cannot waive the death penalty in capital murder cases, and that the petitioner could not validly waive the right to trial by jury.” Ex parte Denu-den, supra, at 366.”

   1 later decision quote this exact passage
   e.g. Ex Parte McKinney

3. ““The defendant in a criminal prosecution for any offense may waive any rights secured him by law except the right of trial by jury in a capital felony case.””

   1 later decision quote this exact passage · from the concurrence
   e.g. Ex Parte McKinney