Emery v. State’s Empirical Analysis

Citation profile

2 federal appellate · 18 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. ““[i]f the appellant has made a timely request for a statement of facts, but the court reporter’s notes and records have been lost or destroyed without appellant’s fault, the appellant is entitled to a new trial unless the parties agree on a statement of facts.””

   3 later decisions quote this exact passage
   e.g. Gomez v. State · Mader v. State

2. “1. Defendant was found guilty of the offense of Capital Murder in Cause No. 283,989 in the 232nd District Court of Harris County, Texas on May 25, 1979. 2. Defendant was assessed the death penalty and gave Notice of Appeal on June 28, Í979. 3. Defendant timely filed his written designation specifying matter for inclusion in the record with the Clerk of this Court in accordance with Article 40.09(2) C.C.P. 4. At a final hearing on Defendant’s objections to the record as incomplete on January 19, 1986, this Court found that the Statement of Facts was incomplete and defective in that the testimony of at least three witnesses whose testimony was material and relevant, was missing. 5. The irrevocably incomplete status of the record centers around the court reporter’s inability to produce the testimony of at least three witnesses that the State has agreed would be of interest to the Court of Criminal Appeals in deciding the appeal of the Defendant. 6. The trial judge at the Defendant’s trial, Judge J.D. Guyon, is deceased and died before he made any findings of fact and conclusions of law concerning the admissibility of Defendant’s statement at this trial. 7. Consequently, the record is incomplete in this regard and it is impossible to make the necessary findings of facts and conclusions of law because the record is without the testimony of at least three witnesses concerning the issue. 8. The court reporter responsible for the transcription of the Statement of Facts had done all h”

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

3. “Per our conversation of this date regarding the Motion for Extension of Time to File the Statement of Facts with reference to the above-captioned matter, please be advised that this Extension should be disregarded due to the fact that the court reporter, Julia Johnson, did not transcribe anything. Per my conversation with Ms. Johnson on this date, she informed me that there was only a Plea (sic) was made in this matter and that she was not required to prepare a statement.”

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