Hayden v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Because the purpose of Rule 404(b) notice is to prevent surprise, we agree with the cases indicating that delivery to the defense of witness statements detailing extraneous offenses may, in an appropriate case, satisfy the notice requirements of Rule 404(b). The rule requires “reasonable” notice. Whether the delivery of witness statements constitutes reasonable notice depends in part on the timing of that delivery. If the State gave the statements to the defense shortly after receiving the request for notice, the implicit statement is: “These are the extraneous offenses that we intend to offer in the case-in-chief.” The longer the time lapse between the receipt of the notice and the delivery of the witness statements, the less likely that the recipient will conclude, “This is the evidence that responds to my request.” Because a reasonable conclusion to be drawn when delivery of witness statements follows upon the heels of a timely request for notice, is that the State intends to use the evidence, “reasonable” notice is implicit in the delivery.... The prosecution is not required to make a written response concerning its intent, although this is certainly the recommended procedure. Although the better practice is for the prosecutor to state explicitly the intent to introduce extraneous offense evidence, the trial court did not abuse its discretion in concluding that delivery of witness statements to the defense in this particular case provided appellant with reasonable notice.”

   1 later decision quote this exact passage · from the majority
   e.g. Waltmon v. State

2. “While the State should not be permitted to engage in gamesmanship by finding creative ways to convey “notice” without really informing the defense of its intent to introduce extraneous offenses, the defense should not be permitted to engage in gamesmanship by claiming the notice it received was insufficient when the defense did in fact have actual notice of the State’s intent to introduce the extraneous offense in question.... What is in the record [in this case] tends to support the conclusion that the defense did indeed have actual notice of the State’s intent to introduce the extraneous offenses, and hence, the trial court’s decision to admit the evidence is supported by the record and must be upheld.”

   1 later decision quote this exact passage · from the majority
   e.g. Allen v. State