Burnett v. State’s Empirical Analysis

Citation profile

20 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There is divided authority on the admissibility of a co-conspirator’s statement whether it must be in the furtherance of the conspiracy or only related to the conspiracy. See Federal Rules of Evidence, Rule 801; Model Code of Evidence, Rule 63(9). The rule generally stated is: the acts and declarations of a co-conspirator, must occur during the conspiracy, and be in furtherance of the conspiracy. This rule is recited especially in earlier cases in this jurisdiction. See, e.g. McKenzie v. State, 32 Tex.Cr.R. 568 , 25 S.W. 426 (1894); Elliot v. State, 111 Tex.Cr.R. 534 , 15 S.W.2d 648 (1929); and Morpkey v. State, 119 Tex.Cr.R. 77 , 45 S.W.2d 1099 (1932). However, later cases hold that the statement need only be related to the conspiracy. See Delgado v. State, 544 S.W.2d 929 (Tex.Cr.App.1977); White v. State, 451 S.W.2d 497 (Tex.Cr.App.1969); and Morgan v. State, 519 S.W.2d 449 (Tex.Cr.App.1975).” *”

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

2. “The law is “perfectly plain that the waiver [of the client-attorney privilege], like the privilege, belongs solely to the client, and not to the attorney.” 8 Wig-more (McNaughton Revision) § 2327. “Since ... it is the client who is the holder of the privilege, the power to waive it is his, and he alone, or his attorney or agent acting with his authority, may exercise this power.” E. Cleary, McCormick’s Handbook of the Law of Evidence 194 (2d ed. 1972). (Emphasis in original)”

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

3. “Art. 38.10. All other competent witnesses. All other persons, except those enumerated in Articles 38.06, 38.101, 38.11, and 38.111, whatever may be the relationship between the defendant and witness, are competent to testify, except that an attorney at law shall not disclose a communication made to him by his client during the existence of that relationship, nor disclose any other fact which came to the knowledge of such attorney by reason of such relationship.”

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