Olivarez v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It cannot accurately be predicted how the parole law and good conduct time might be applied to this Defendant if he is sentenced to a term of imprisonment, because the application of these laws will depend on decisions made by prison and parole authorities. You may consider the existence of the parole law and good conduct time. However, you are not to consider the extent to which good conduct time may be awarded to or forfeited by this particular Defendant. You are not to consider the manner in which the parole law may be applied to this particular Defendant.”

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

2. “"... The Court of Criminal Appeals did not reason that, because the facts and criminal record justified and supported a life sentence, the erroneously given instruction did not contribute to punishment. Such reasoning would incorrectly apply Rule 81(b)(2). 'The evil to be avoided is the consideration by the jury of parole in assessing punishment.' Rose I, at 535.””

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