Munroe v. State’s Empirical Analysis

Citation profile

26 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘It would be improper for punishment to be based on an expectation that clemency powers would be exercised, and it would be unconstitutional to attempt to delay the exercise of the clemency powers or to avoid the possible granting of parole by increasing punishment in anticipation thereof. Article II, Sec. 1 of the Texas Constitution provides for the separation of governmental powers among the three distinct departments, the executive, legislative, and judicial. It is well established under this Article that: “(A) power which has been granted to one department of government may be exercised only by that branch to the exclusion of the others_ And any attempt by one department of government to interfere with the powers of another is null and void.” Ex parte Giles, Tex.Cr.App. 502 S.W.2d 774 [1973]; Smith v. Blackwell, Tex.Cr.App., 500 S.W.2d 97 [1973], (Emphasis added). 'Clemency powers embodied in the parole system are beyond the reach of interference by the judicial branch, Art. IV, Sec. 11, Texas Const.; and any action by the judicial branch to frustrate or delay the exercise of the power by the executive branch is as much of an unconstitutional interference as is an attempted usurpation of that power. See, Ex parte Giles and Smith v. Blackwell, supra, for unconstitutional grants of authority to usurp clemency powers. ‘This is the constitutional basis for the established rule that discussion of the parole law is always jury misconduct....’””

   2 later decisions quote this exact passage
   e.g. Sneed v. State · King v. Lynaugh

2. “[T]he defendant must show (1) that any discussion of the parole laws took place during the jury’s deliberations (thereby showing jury misconduct), and (2) that the discussion denied him a fair and impartial trial. The latter requirement can be met by showing that even a single juror voted for an increased punishment because of the discussion of the parole laws.”

   2 later decisions quote this exact passage
   e.g. White v. State · Monroe v. State

3. “New trials, in cases of felony, shall be granted the defendant for the following causes, and for no other: (7) Where the jury, after having retired to deliberate upon a case, has received other evidence; or where a juror has conversed with any person in regard to the case; or where any juror at any time during the trial or after retiring for deliberation, may have become so intoxicated as to render it probable his verdict was influenced thereby. The mere consumption of alcoholic beverage by a juror shall not be sufficient ground for a new trial ....”

   1 later decision quote this exact passage · from the dissent
   e.g. Monroe v. State