Sosa v. State’s Empirical Analysis

Citation profile

36 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “No written statement made by an accused as a result of custodial interrogation is admissible as evidence against him in any criminal proceeding unless it is shown on the face of the statement that: (a) the accused, prior to making the statement, either received from a magistrate the warning provided in Article 15.17 of this code or received from the person to whom the statement is made a warning that: (1) he has the right to remain silent and not make any statement at all and that any statement he makes may be used against him at his trial; (2) any statement he makes may be used as evidence against him in court; (3) he has the right to have a lawyer present to advise him prior to and during any questioning; (4) if he is unable to employ a lawyer, he has the right to have a lawyer appointed to advise him prior to and during any questioning; and (5) he has the right to terminate the interview at any time ...”

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

2. “[A]ppellant argues that Article 37.-071(b)(2) V.A.C.C.P. is unconstitutional in that it diminishes the burden of proof required under the Fifth and Fourteenth Amendments[, inter alia,] ... Specifically, he maintains that since the jury is required to find only a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society, the standard of proof is significantly less stringent than proof beyond a reasonable doubt. Although appellant’s argument is quite novel, we find it to be without merit.... To single out the word “probability” from the language of the second special issue and infer a lessening of the State’s burden of proof is to take the word totally out of context. Such an interpretation of the statute violates the spirit of the Code Construction Act....”

   2 later decisions quote this exact passage
   e.g. Matchett v. State · Kemp v. State

3. “I have been advised by Special Agent John L. Jones that under the provisions of the Constitution I cannot be compelled to be a witness against myself and knowing that anything I may say may be used against me, I wish to make the following statement of my own free will and accord, without coercion or threats, and without promise of immunity. I know that I have the right to remain silent; talk to a lawyer and have him present while I am questioned. I know that I can decide at any time to stop the questioning and not make any statement. I also know that if I cannot afford a lawyer, one will be appointed to represent me. This statement is a voluntary act on my part, prompted by my desire to tell the facts, and I do not expect to gain any reward or special consideration by reason of having made this statement.”

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