Cuevas v. State’s Empirical Analysis

Citation profile

17 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]here a defect of constitutional magnitude has not been established at the time of the trial, the failure of counsel to object does not constitute waiver.”

   9 later decisions quote this exact passage
   e.g. Powell v. State · Black v. State

2. “... Nor in our view would the Constitution permit the exclusion of jurors from the penalty phase of a Texas murder trial if they aver that they will honestly find the facts and answer the questions in the affirmative if they are convinced beyond rea sonable doubt, but not otherwise, yet who frankly concede that the 'prospects of the death penalty may affect what their honest judgment of the facts will be or what they may deem to be a reasonable doubt. Such assessments and judgments by jurors are inherent in the jury system, and to exclude all jurors who would be in the slightest way affected by the prospect of the death penalty or by their views about such a penalty would be to deprive the defendant of the impartial jury to which he or she is entitled under the law.”

   2 later decisions quote this exact passage
   e.g. Riley v. State · Roeder v. State

3. “An examination of the voir dire shows that the State, appellant, and the trial court were fully aware of Witherspoon issues. Appellant made a sustained and vigorous effort to keep Ward from being excluded. Appellant objected to the successful exclusion of Ward on the grounds that, inter alia, “it would deprive this Defendant of a jury comprised of a fair cross-section of the citizens of this community, and we submit further that he’s qualified by his answers.” The error was preserved.”

   2 later decisions quote this exact passage
   e.g. Charles William Bass v. W.J. Estelle, Jr., Director, Texas Department of Corrections · Bass v. Wj Estelle