Janecka v. State’s Empirical Analysis

Citation profile

4 federal appellate · 81 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 87 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The difficulty I have with such reasoning is that it essentially demands the impossible: the imposition of hindsight, the most clear and encumbered vision, upon foresight, a vision that is impaired by the unknown, with the expectation that a valid pragmatic judgment can be made. In other words, by utilizing Adams the majority assumes the responsibility of judging, or more appropriately surmising, whether the appellant was harmed by the deficient notice of the indictment by examining the conduct of the defense counsel during the trial, or whether an absence of harm is otherwise apparent from the record. Thus, rather than require that the indictment set forth "[e]verything ... which is necessary to be proved,” Art. 21.03 V.A.C.C.P., the majority opinion in essence holds that even though the information should have been provided the appellant, he must also prove that the refusal to give him the information affected his defense in some detrimental manner. This amounts to the court deciding after the trial what information should be presented in the indictment before the trial because of what happened during the trial. With all due respect to the majority's opinion, I find no logic in such reasoning.”

   1 later decision quote this exact passage · from the dissent
   e.g. Sanchez v. State

2. “reliable evidence” pronounced in Sanchez IV is new, then in all fairness this cause should be remanded to the trial court for a hearing on harm before the lack of”

   1 later decision quote this exact passage · from the dissent
   e.g. Sanchez v. State