Archer v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) Did the witness actually hear the testimony of the other witness, and (2) Did the witness's testimony contradict the testimony of the witness he actually heard.”

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

2. “"... [A] violation of the rule is not itself reversible error. Hass [v. State, 498 S.W.2d 206 (Tex.Cr.App.1973)]; Murphy v. State, 496 S.W.2d 608 (Tex.Cr.App. 1973). A violation of the rule may not be relied upon for reversal of the case unless it is shown that the trial court abused its discretion in allowing the alleged violative testimony to be elicited at trial. The ultimate test for determining when an abuse of discretion has occurred is whether harm to the defendant has resulted by allowing the violative testimony to be introduced. Haas, supra.”

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

3. “In the instant case, neither Haas criteria was met; however, in order to give full effect to Art. 36.03 and the related instruction required by Art. 36.06, these criteria must be expanded to embrace other situations in which the rule has been violated. Haas, supra, was correct but the analysis was limited to the situation where a witness hears testimony from the opposition and later takes the stand and contradicts that testimony he actually heard.”

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