Roberts v. State’s Empirical Analysis

Citation profile

22 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... Violation of some procedural provisions, "mandatory" in nature, was held by the Court to justify reversal of the conviction without an inquiry into harmfulness, vel non, of the error. A ready example is violation of Article 35.11, V.A.C.C.P, the jury shuffle statute. * * * * * *”

   7 later decisions quote this exact passage
   e.g. Marin v. State · Chappell v. State

2. “Ordinarily it will be impossible to know from the record whether a co-defendant’s testimony would have become available had he been tried first, or whether, if available, it would materially affect a jury’s deliberations. Because under Rule 81(b)(2), a conviction must be reversed “unless” the appellate court can determine error is harmless beyond a reasonable doubt, such uncertainty in the record would counsel reversal.”

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

3. “Under current law, then, it seems an accused may avail himself of the right to compulsory process recognized in Whit-more to obtain a new trial only in the fortuitous event his co-defendant is acquitted within thirty days of the date his sentence is imposed. Whitmore has been rendered largely toothless.”

   1 later decision quote this exact passage
   e.g. State Ex Rel. Holmes v. Shaver