Drew v. State’s Empirical Analysis

Citation profile

16 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... The prosecution has an affirmative duty to disclose all material evidence favorable to the defense. McFarland v. State, 928 S.W.2d 482, 511 (Tex.Crim.App.1996) (citing Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963)). Both impeachment evidence and exculpatory evidence are within the scope of the Brady rule. Wyatt v. State, 23 S.W.3d 18, 27 (Tex.Crim.App.2000) (citing United States v. Bagley, 473 U.S. 667, 676 , 105 S.Ct. 3375 , 87 L.Ed.2d 481 (1985)). The prosecutor violates the Due Process Clause of the Fourteenth Amendment when he fails to disclose material evidence that is favorable to the accused. Thomas v. State, 841 S.W.2d 399, 404 (Tex.Crim.App.1992). “Brady has been extended to include the required revelation to an accused of material exculpatory evidence in the possession of police agencies and other parts of the ‘prosecutorial team.’ ” Ex parte Mitchell, 977 S.W.2d 575, 578 (Tex.Crim.App.1997) (citing Kyles v. Whitley, 514 U.S. 419 , 115 S.Ct. 1555 , 131 L.Ed.2d 490 (1995)) ... The three-part test used to determine “whether a prosecutor’s actions have violated due process is whether the prosecutor (1) failed to disclose evidence (2) favorable to the accused and (3) the evidence is material, meaning there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.” Little v. State, 991 S.W.2d 864, 866 (Tex.Crim.App.1999).”

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