Williamson v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When the jury wishes to communicate with the court, it shall so notify the sheriff, who shall inform the court thereof. Any communication relative to the cause must be written, prepared by the foreman and shall be submitted to the court through the bailiff. The court shall answer any such communication in writing, and before giving such answer to the jury shall use reasonable diligence to secure the presence of the defendant and his counsel, and shall first submit the question and also submit his answer to the same to the defendant or his counsel or objections and exceptions, in the same manner as any other written instructions are submitted to such counsel, before the court gives such answer to the jury, but if he is unable to secure the presence of the defendant and his counsel, then he shall proceed to answer the same as he deems proper. The written instruction or answer to the communication shall be read in open court unless expressly waived by the defendant.”

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

2. “It was the State’s burden (and not the trial court’s) to make that connection if there was one. See Wright v. State, 603 S.W.2d 838, 840 (Tex.Crim.App.1980) (op. on reh’g). It was the jury’s province (and not the trial court’s) to choose to make the connection or inference. See Tex.Code Crim. ProC. Ajmn. art. 36.13 (Vernon 1981), art. 38.04 (Vernon 1979); Penagraph v. State, 623 S.W.2d 341, 343 (Tex.Crim.App.1981). Moreover, the jury’s question concerning the issue is further evidence of the equivocal nature of the testimony. Surely, this is the type of situation that articles 36.27 and 36.28 are designed to prevent. “Judges should studiously avoid any remark calculated to convey to the jury their opinion of the case.” Brown v. State, 475 S.W.2d 938, 947 (Tex.Crim.App.1971), overruled on other grounds, Bradford v. State, 608 S.W.2d 918 (Tex.Crim.App.1980); see Tex.Code Crim. ProC. Ann. art. 38.05 (Vernon 1979).”

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

3. “Any communication relative to the cause must be written, prepared by the foreman and shall be submitted to the court through the baliff. The court shall answer any such communication in writing, and before giving such answer to the jury shall use reasonable diligence to secure the presence of the defendant and his counsel, and shall first submit the question and also submit the answer to the same to the defendant or his counsel for objections and exceptions, in the same manner as any other written instructions are submitted to such counsel, before the court gives such answer to the jury, but if he is unable to secure the presence of the defendant and his counsel, then he shall proceed to answer the same as he deems proper. The written instruction or answer to the communication shall be read in open court unless expressly waived by the defendant. (Emphasis added).”

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