Dove v. State’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. ““A party may not impeach his own witness unless two prerequisites are met: the witness must testify to facts injurious to that party’s case, and the party must demonstrate that he was surprised by such testimony. Article 38.28, V.A.C. C.P.; Lewis v. State, 593 S.W.2d 704 (Tex.Cr.App.1980); Hunnicutt v. State, 523 S.W.2d 244 (Tex.Cr.App.1975); Williams v. State, 521 S.W.2d 250 (Tex.Cr.App.1975); Banks v. State, 510 S.W.2d 592 (Tex.Cr.App.1974). In order to demonstrate surprise, the party must show prior conversations with or statements by the witness, outside the presence of the jury. Lewis, supra; Hunnicutt, supra; Williams, supra; Banks, supra; Pelton v. State, 167 Tex.Cr.R. 649 , 322 S.W.2d 529 (Tex.Cr.App.1959). It is not sufficient for the party to merely claim that he is surprised. Williams, supra; Banks, supra. (Emphasis supplied.)”

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