Long v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The results of polygraph tests are inadmissible for any purpose. Nethery v. State, 692 S.W.2d 686 (Tex.Crim.App.1985) (en banc), cert. denied, 474 U.S. 1110 , 106 S.Ct. 897 , 88 L.Ed.2d 931 (1986). Relying on this principle, the Texarkana Court of Appeals held evidence inadmissible if it even implies that a polygraph test was taken if the evidence effectively impeaches the defendant’s testimony or defensive theory or if the evidence bolsters the State’s case. Stewart v. State, 705 S.W.2d 232 (Tex.App. — Texarkana 1986, pet. ref'd). The evidence of which appellant complains did not concern polygraph test results. Nor did it concern the defendant but the codefendant to whom the appellant attempted to shift criminal responsibility for the offense. Therefore, it did not bolster the State’s case. If anything, the allegedly objectionable testimony effectively bolstered appellant’s own defensive theory. Accordingly, trial strategy readily explains trial counsel’s failure to object.”

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