Girndt v. State’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Nothing in this article precludes the admission of a statement made by the accused in open court at his trial, before a grand jury, or at an examining trial in compliance with Articles 16.03 and 16.04 of this code, or of a statement that is the res gestae of the arrest or of the offense, or of a statement that does not stem from custodial interrogation, or of a voluntary statement, whether or not the result of custodial interrogation, that has a bearing upon the credibility of the accused as a witness or of any other statement that may be admissible under law. (emphasis added)”

   2 later decisions quote this exact passage
   e.g. Smith v. State · Coelho v. State

2. “... Art. 38.22, supra, generally prohibits the admissibility of an oral statement if it stems from custodial interrogation but an oral in-custody statement is not prohibited from being used at trial if it “has a bearing upon the credibility of the accused as a witness.” Thus, such a statement becomes admissible only if the accused testifies at his trial. If the accused does not desire an oral custodial statement to be admitted for impeachment purposes, then he may prevent its admissibility by not testifying at his trial. If he does testify and he has made an oral statement that “has a bearing upon his credibility” e.g., one which conflicts with his testimony, then it becomes admissible for impeachment purposes even if made while in custody.”

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

3. “Appellant neither contended in the trial court nor does he raise the issue on appeal of whether it is necessary that a Miranda type legal warning be first given to the accused before an oral in-custody statement may be admissible for impeachment purposes. For this reason, we pretermit a discussion of that issue for another day. Compare, however, Newberry v. State, 552 S.W.2d 457 (Tex.Cr.App.1977); Art. I, Sec. 10, Texas Constitution.”

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