White v. Thaler’s Empirical Analysis

Citation profile

7 federal appellate ·

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

1. “We do not necessarily agree with the TCCA’s assessment that the testimony and argument with respect to the victim’s pregnancy was “brief.” Defense counsel brought up the victim’s pregnancy twice during the direct examination of White and three times during closing argument. The prosecutor asked two questions regarding the fetus and referred to the unborn child twice during closing argument. In total, the jury was reminded nine times during the guilt-innocence phase that Vasquez’s unborn child died as a result of White’s actions. Further, the prosecutor’s closing argument regarding the unborn child being killed as the victim was “dragged” and “crushed” by the truck was likely to appeal to the jury’s emotions and en courage the jury to make its guilt-innocence decision on an emotional basis.”

   1 later decision quote this exact passage · from the majority
   e.g. Wheeler v. Simpson

2. “[although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.”

   1 later decision quote this exact passage · from the majority
   e.g. 766 F. Supp. 2d 759 - Previto v. Ryobi North America, Inc.

3. “review of the record d[id] not provide a basis for failing to object.” See White v. Thaler, 610 F.3d 890, 907-08 (5th Cir. 2010). Although Franklin testified that”

   1 later decision quote this exact passage · from the majority
   e.g. Raul Cortez v. Lorie Davis, Director