Clark v. State’s Empirical Analysis
1986
Citation profile
2 federal appellate · 57 state decisions
How this case has been cited
Cited by 65 later decisions (2 by the Supreme Court) — most recently October 2009 · most notably Long v. State (1991), Clark v. Texas (1987)
2 federal appellate · 57 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Faretta v. California · Witherspoon v. Illinois · Wainwright v. Witt · Darden v. Wainwright · Jurek v. Texas
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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Q [BY PROSECUTOR]: Is that going to cause you such a problem that it might cause you to render something other than a fair and impartial verdict in this case? A. * * * It just makes me think that people don't kill people `cause they want to. I don't know. It makes me extremely confused in any case right now just trying to think what my next door neighbor might get. Q. Are you telling me there is no murder case that the defendant did not want to kill the deceased? A. No. I'm not saying [that]. * * * Q. This defendant is charged with committing a murder in the course of committing a robbery. * * * And don't let me put words in your mouth. You said a few minutes ago you don't believe anyone actually thinks about killing someone when they go in to get the money or doing whatever they do. Is that what you said? A. That's exactly what I said. Q. Is that a fair statement? A. I'm probably prejudiced, but that's what I feel. * * * If they make a habit out of it, if they rob all the time they probably do think, `I'll just kill them if they give me a hard time'; but I don't think that young robbers ... [who] do it because they think they're cool even think about killing people. Like you see on TV, they believe they can get in there and get the money and get out and have a good time with it. I don't think they give it a thought unless they do it day in and day out. Q. The law in the State of Texas is that if you commit a murder in the course of committing or attempting to commit a robber”
1 later decision quote this exact passagee.g. White v. State“While it is now axiomatic that requiring an accused person to wear handcuffs before the jury infringes his constitutional presumption of innocence ... it is also true that a momentary, inadvertent, and fortuitous encounter away from the courtroom between a handcuffed accused and one or more of the jurors does not necessarily call for a mistrial or reversal.”
1 later decision quote this exact passagee.g. Bigley v. State“ever actually made demand of the trial judge that he be permitted to personally represent himself, but ... that at times the [defendant] was permitted to personally inject himself and his views into the case.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.