Parker v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Neither Tex.Code Crim.P.Ann. art. 36.25 (Vernon 1981) nor case law requires that the jury give any reason or justification when requesting to view evidence properly admitted. See generally Robinson v. State, 704 S.W.2d 565 (Tex.App.—Beaumont 1986, pet. ref’d); see also Garrett v. State, 658 S.W.2d 592 (Tex.Crim.App.1983). Unlike art. 36.25, which addresses exhibits admitted into evidence, Tex.Code Crim.P.Ann. art. 36.28 (Vernon 1981) concerns the testimonial evidence admitted. “[I]f the jury disagrees as to the statement of a witness they may, upon applying to the court, have read to them ... that part of such witness testimony or the particular point in dispute, and no other....” Id. Clearly, the court has the power to determine the validity and extent of the jury’s request when testimony is in dispute. However, art. 36.25 is mandatory, and we are persuaded by the reasoning in Lopez v. State, 628 S.W.2d 82 (Tex.Crim.App.1982), that error occurs when the jury requests an exhibit and the court refuses to comply. Id. at 85 .”

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