Ex Parte Goodman’s Empirical Analysis

Citation profile

4 federal appellate · 36 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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““evidence provided to this Court by way of affidavit as it could have been introduced at the punishment phase of applicant’s trial. We will not entertain arguments addressing evidence which would have been proffered by defense counsel had the trial judge allowed an additional jury instruction on that evidence. To do so would, in effect, allow applicant to make a ‘post-conviction bill of exception,’ a procedure which does not comport with this Court’s contemporaneous objection rule. “As to the admissibility of mitigating evidence, we have always held that such evidence was admissible and, thus, we are disinclined to excuse noncompliance in the area of introducing mitigating evidence. Consequently, absent a contemporaneous offer of proof or bill of exception detailing what mitigating evidence was TACTICALLY withheld by the appellant during trial, we will not be heard to consider the same now.” Ex parte Goodman, 816 S.W.2d 383 , n. 6 386 (Tex.Cr.App.1991) (emphasis in original).”

   3 later decisions quote this exact passage · from the concurrence
   e.g. Ex Parte Herrera · Ex Parte Kunkle

2. “... Appellant’s mitigating evidence suggests that he is generally a benevolent and non-violent individual and that the commission of this offense was an aberration. This evidence had relevancy directly within the scope of the second punishment issue and was truly mitigating. We determine that an additional instruction was not needed so that the jury could express its “reasoned moral response” in answering the punishment issues.”

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

3. “It is well-settled "that the writ of habeas corpus should not be used to, litigate matters which should have been raised on direct appeal." Ex parte Goodman, 816 S.W.2d 383, 385 (Tex.Cr.App.1991); see Ex parte Groves, 571 S.W.2d 888, 890 (Tex.Cr.App.1978) (habeas corpus does not lie as a substitute for an appeal). [5]”

   1 later decision quote this exact passage
   e.g. Ex Parte Nelson