Shipley v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Appellant’s counsel (to the venire members): I need to talk with you about something that is very hard for me to talk with you about ... and that is the subject of an extra-marital affair. [H]ow would you feel about it if it became apparent— Prosecuting attorney: I will object to this, going into any possible facts of this case. Appellant’s counsel: I’m not going into the facts of this case, Your Honor. I am talking about extra-marital affairs in general, not going into the facts of this case. I realize I am well prohibited from doing that. It’s often asked if a witness can base the testimony on one witness. I mean, you know, that may be the facts of that case, but as a general matter, inquiry is permitted. The Court: Well, you are going to have to be more specific in your question. Otherwise, I am not going to be able to say that you are not talking about this case when you say, “How do you feel about that?” You are going to have to be specific, then I am going to rule. I will let you ask that question. Appellant’s counsel: I want to make it clear, Your Honor, that I am not making inquiry with relationship to this case. I am talking about the subject of extramarital affairs. The Court: Well, what I am talking about the question to the [venire-member], I am going to sustain the objection if that is the way you are going to phrase that. Appellant’s counsel: I will rephrase that question. The Court: All right. I sustain the objection at this time. Appellant’s counsel: All right”

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

2. “The question, as asked, was also improper because it went to a peculiar fact of the case, i.e., the anticipation of evidence of an extramarital [sic] affair. It is settled Texas law that it is not error for the trial court to refuse to allow questions based on facts “peculiar to the case at trial.” [citing White v. State, 629 S.W.2d 701, 706 (Tex.Cr.App.1981), cert. denied, 456 U.S. 938 [ 102 S.Ct. 1995 , 72 L.Ed.2d 457 ] (1982).] Counsel was given an opportunity to rephrase his question in order to properly elicit relevant facts from which he could intelligently exercise his strikes; however, he failed to do so. Inasmuch as the question, as asked, was not a proper question the trial court did not abuse its discretion by disallowing the question.” Shipley v. State, 727 S.W.2d 118, 121 (Tex.Cr.App.1987).”

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

3. “does not reflect that the trial court disallowed any inquiry into preconceptions, bias or prejudice of the prospective juror. The question, as phrased, was not focused toward ... a preconceived notion tending to reflect bias or prejudice ... [a] proper inquir[y] on voir dire examination. [citations omitted] The question, as asked, reflects no inherent relevance as to the prospective juror’s preconceived feelings, bias or prejudice against persons who might engage in extramarital affairs, but simply asked whether or not the prospective juror had ever known somebody who was harmed by an extramarital affair.... Although appellant argues that the court disallowed any inquiry into the subject, we do not read the court’s ruling so broadly.”

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