McBride v. State’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We are met at the outset with the question of whether the trial court erred in overruling the Appellant’s motion to “examine and inspect all drugs or potions which are designated by the penal statute as dangerous drugs and which the State of Texas intends to introduce into evidence in this case and which is now in the possession of the District Attorney.” 9 This motion was filed approximately two (2) months prior to the trial date. The trial court responded to such motion in part as follows: “It is further specifically ordered that a visual examination only is being ordered by this Court.” Apparently the trial court gave a literal interpretation to the word “inspection” found in Article 39.14, V.A.C.C.P. In his Special Commentary on Article 36.14, V.A.C.C.P., our present Presiding Judge [Onion] said that, “If it is known that the State is planning to base its case on a fingerprint, bullet, pistol or rifle, book or record, the defendant can have his own expert examine the same under the safeguards provided.” Although Judge Onion did not discuss drugs and although the Legislature did not name drugs as one of the items .which could be “examined” under the discovery statute, it is clear that such is a proper interpretation of the statute. See also Willson’s Criminal Forms, 7th Edition, Section 2530. Therefore, we interpret the word “inspection” to mean more than a visual examination of an object. Where the item on which the State bases its case is, for example, a drug, a visual e”

   1 later decision quote this exact passage
   e.g. Ehrke, Robert Bradley

2. “Upon motion of the defendant showing good cause therefor and upon notice to the other parties, the court in which an action is pending may order the State before or during trial of a criminal action therein pending or on trial to produce and permit the inspection and copying or photographing by or on behalf of the defendant of any designated documents, papers, ..., books, accounts, letters, photographs, objects or tangible things not privileged, which constitute or contain evidence material to any matter involved in the action and which are in the possession, custody or control of the State or any of its agencies.”

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

3. “As the cocaine alleged in the indictment was indispensable to the State’s case, appellant had a right to inspect that evidence.”

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