Wallace v. State’s Empirical Analysis

Citation profile

47 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There was no other evidence presented that could be considered relevant to the issue of future violent conduct. Specifically, there was no evidence of prior convictions, no prior acts of violence, no character evidence, no psychiatric evidence. Although the circumstances of the murder may be sufficient to support a death penalty, Duffy v. State, Tex.Cr.App., 567 S.W.2d 197 , this is not such a case. We are of the opinion that the evidence is insufficient to support the ‘yes’ finding on the issue of future violent conduct. Consequently the death penalty must be set aside.””

   3 later decisions quote this exact passage
   e.g. Turner v. State · Keeton v. State

2. ““It is clear, however, that in answering the special issue under Article 37.071, V.A.C.C.P., the jury may consider all of the evidence adduced at the guilt stage of the trial. Duffy v. State, 567 S.W.2d 197 (Tex.Cr.App.1978); Felder v. State, 564 S.W.2d 776 (Tex.Cr.App.1978); Brock v. State, 556 S.W.2d 309 (Tex.Cr.App.1977); Moore v. State, 542 S.W.2d 664 (Tex.Cr.App.1976). See and cf. Wallace v. State, 618 S.W.2d 67 (Tex.Cr.App.1981) (Concurring Opinion at p. 70). Indeed the circumstances of the offense and the facts surrounding it may furnish greater probative evidence than any other evidence regarding the second special issue submitted at the penalty stage of a capital murder case. Duffy v. State, supra, and cases there cited.””

   1 later decision quote this exact passage · from the concurrence
   e.g. Cannon v. State

3. ““There was no showing of a prior criminal record or prior acts of violence on the part of the 31-year-old ex-marine [defendant]. This was not a case where the robbery feature of the offense was long in the planning stage or a case where an armed individual drives around searching for an ideal situation for a robbery, intending to use violence if necessary.... This was a senseless and unnecessary murder, and the jury may well have been incensed by what they considered perjury ... [when the defendant gave evidence of an alibi]. Nevertheless, we cannot conclude the evidence, taken as a whole, is sufficient to support the jury’s finding on the issue of future dangerousness.””

   1 later decision quote this exact passage · from the concurrence
   e.g. Keeton v. State