Foster 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. “[There] is an issue of fact and law as to whether or not consent was voluntarily given in this case, your Honor. Mr. Bell has testified that consent — he did not consent. There has been testimony from Officer Hacker and Nurse Crotehett that he did give consent. There is a fact issue as to whether consent was actually given. It’s our contention that if no valid consent was obtained, then the blood sample was obtained illegally and the jury can never get to consider that fact until such time as they find that consent was voluntarily given. ⅝ ⅜ ⅜ ⅜ ⅜ ⅜ Article 6701Z-5 from the Texas Penal Code specifically says that any person that has been arrested must give their consent before having their blood drawn from them. It’s our contention that Mr. Bell was arrested. He was informed that he was under arrest. Further, Article 38.23, Evidence Not to be Used in the second paragraph states “In any case where the legal evidence raises an issue hereunder, the jury shall be instructed that if it believes or has a reasonable doubt that the evidence was obtained in violation of the provisions of this article, then in such event the jury shall disregard any such evidence so obtained.” Paragraph A says “No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas or of the Constitution or laws of the United States of America shall be admitted into evidence against the accused on the trial of any criminal case.” The issue is ”

   2 later decisions quote this exact passage
   e.g. Bell v. State · Johnson v. State