Davis v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The granting of a new trial is within the sound discretion of the trial court and will not be disturbed unless there is a clear showing of abuse of that discretion. Sandoval v. State, 151 Tex.Cr.R. 430 , 209 S.W.2d 188 (Tex.Cr.App.1948); Beal v. State, 520 S.W.2d 907 (Tex.Cr.App.1975). Y.A.C.C.P. art. 40.03(5) provides that a new trial shall be provided where written evidence, tending to establish the innocence of the defendant, has been intentionally destroyed or removed so that it could not be produced upon the trial. There is no evidence in this case that the pictures used were intentionally destroyed or removed. Mayo candidly testified he could not account for their disappearance, and produced the best he said he had, the Xerox copies of the pictures. Miller’s identification of appellant was independent of any pretrial pro-cedure_ When the identification testimony is of an independent origin apart from any pretrial identification procedure, the State’s inability to produce a set of photographs has no adverse effect on the admissibility of the identification testimony. Van Byrd v. State, 605 S.W.2d 265 (Tex.Cr.App.1980). There was no abuse of discretion by the trial court in denying the motion for new trial.”

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