Arriaga v. State’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) a jury being impaneled in any criminal action, except as provided by Subsec tion (b) of this article, the cause shall proceed in the following order: [[Image here]] 3. The State’s attorney shall state to the jury the nature of the accusation and the facts which are expected to be proved by the State in support thereof. 4. The testimony on the part of the State shall be offered. 5. The nature of the defenses relied upon and the facts expected to be proved in their support shall be stated by defendant’s counsel. [[Image here]] (b) The defendant’s counsel may make the opening statement for the defendant immediately after the attorney representing the State makes the opening statement for the State. After the defendant’s attorney concludes the defendant’s opening statement, the State’s testimony shall be offered. At the conclusion of the presentation of the State’s testimony, the defendant’s testimony shall be offered, and the order of proceedings shall continue in the manner described by Subsection (a) of this article.”

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

2. “By not being allowed to state the nature of the defense relied upon and the facts expected to be proved in their support before the State presented its evidence, appellant was not able to have the jury evaluate the State’s evidence in the context of the defense position as that evidence was being heard. Additionally, appellant was not able to have the jury relate the defense cross-examination of the State’s witnesses to the overall defense posture as the cross-examination was being conducted.”

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

3. “In assessing the sufficiency of the evidence to support a conviction, a reviewing court must consider all evidence which the jury was permitted, whether rightly or wrongly, to consider."”

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