Rosales v. State’s Empirical Analysis

Citation profile

2 federal appellate · 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the length of delay requested; (2) whether other continuances were requested and whether they were denied or granted; (3) the length of time in which the accused’s counsel had to prepare for trial; (4) whether another competent attorney was prepared to try the case; (5) the balanced convenience or inconvenience to the witnesses, the opposing counsel and the trial court; (6) whether the delay was for legitimate or contrived reasons; (7) whether the ease was complex or simple; (8)whether a denial of the motion resulted in some identifiable harm to the defendant; and (9) the quality of the legal representation actually provided.”

   3 later decisions quote this exact passage
   e.g. Gilmore v. State · Brodrick Michael James v. State

2. “The evidence at guilt/innocenee shows that appellant was a forty-six year old businessman in Houston. He and his wife of twenty-seven years, Mary Rosales, had six children. In 1984 appellant and his wife began to experience marital difficulties, and in January of 1985, Mary began seeing a twenty-four year old man, Hector Balboa. In February, Mary moved into a trailer she and appellant owned. She began spending some nights with Hector at the home where he lived with his mother and two sisters. In early March Mary sought a divorce. She still saw appellant on a daily basis, however, and conjugal relations between them continued. At one point appellant asked Mary if she was seeing Hector, with whom he was acquainted, and she admitted that she was. On Friday, March 29,1985, Mary agreed to seek marriage counseling with appellant. She had plans to meet Hector that evening, but appellant asked her not to stay out long because he wanted to meet with her later. Mary agreed in order to placate appellant, but ultimately spent the night at Hector’s house. Appellant went out that night with a friend, T.J. Tristan, and drank more than “six or eight beers” and part of “a fifth of liquor.” He was last seen by Tristan at about 3:00 a.m. on the morning of Saturday, March 30,1985. At about 7:00 a.m. appellant telephoned Hector’s brother in an effort to find out where Hector lived. He spoke to Hector’s niece, who was able to provide him the unlisted telephone number but not the address. He hung u”

   2 later decisions quote this exact passage · from the dissent
   e.g. Rosales v. Dretke · Rosales v. Dretke

3. “Trial counsel: Your Honor, the other matter I would like to take up with the Court is the familiar patterns already developing, Your Honor, on the selection of these jurors, and the State has exercised strikes on two Mexican Americans and one black woman, and I feel that this defendant has federal and a state constitutional right to a cross section of his peers, and if the State is going to persist in using their peremptories to eliminate all minorities, both Mexican Americans and Chícanos and the black people, this defendant is going to be denied his right to a fair trial by his peers. My proposal is this — we know the State has a right to peremptor[y] challenges. I think the Court may not favor their striking minorities without reason. I think if in the future the States strikes what is obviously a minority juror, that they state in the record their particular reasons for exercising that peremptory challenge, and I so propose it and request it and move the Court to so follow that procedure. Trial court: I will deny your request to have them specify the reason for the exercise of peremptory challenges. Trial counsel: May I have a running objection to that? Trial court: Yes sir. Trial counsel: May I have in the record, Your Honor, after each juror is selected, that I — and leaves the room, that we state in the record what the race of that juror is, and if there is any problem about it, then we can straighten it out then, if there is any issue of fact as to what color or race ”

   1 later decision quote this exact passage
   e.g. Rosales v. Dretke