Walker v. State’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is better to follow the rules than to try to undo what has been done. Otherwise stated, one cannot ‘unring a bell’; ‘after the thrust of the saber it is difficult to say forget the wound’; and finally ‘if you throw a skunk into the jury box, you can’t instruct the jury not to smell it.’ ””

   3 later decisions quote this exact passage
   e.g. Living Centers of Texas, Inc. v. Penalver · Abbott v. State

2. “"In introducing evidence of prior convictions as against an accused, the State is not permitted to allude to or in any way bring before the jury the facts surrounding the commission of the offense forming the basis for such a conviction. (Citations omitted). The prosecutor's question violated this precept by informing the jury that the victim of the incest was a daughter of appellant—a fact that could not be gleaned from a perusal of the judgment and sentence which were before the jury. Moreover, improper injection of the details appears to have been done deliberately, considering a prior effort, the limine order, the colloquy and the later follow up questions.”

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

3. “We believe that the misconduct was so clearly calculated to inflame the minds of the jury and was of such character so as to suggest the impossibility of withdrawing the impression produced on their minds.”

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