Borders v. State’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) Regardless of the plea and whether the punishment may be assessed by the judge or the jury, evidence may be offered by the state and the defendant as to any matter the court deems relevant to sentencing, including but not limited to the prior criminal record of the defendant, his general reputation, his character, an opinion regarding his character, the circumstances of the offense for which he is being tried, and, notwithstanding Rules 404 and 405, Texas Rules of Criminal Evidence, any other evidence of an extraneous crime or bad act that is shown beyond a reasonable doubt by evidence to have been committed by the defendant or for which he could be held criminally responsible, regardless of whether he has previously been charged with or finally convicted of the crime or act. (d) When the judge assesses the punishment, he may order an investigative report as contemplated in Section 9 of Article 42.12 of this code and after considering the report, and after the hearing of the evidence hereinabove provided for, he shall forthwith announce his decision in open court as to the punishment to be assessed.”

   3 later decisions quote this exact passage · from the majority
   e.g. Watson v. State · McDonald v. State

2. “afford a defendant the opportunity to present evidence regarding punishment after it has found the particular defendant guilty. As Appellant was entitled to present punishment evidence after the finding of guilt, he stood in the same position as the defendant in Issa . Consequently, defense counsel did not waive the right to present punishment evidence by not objecting at trial. Raising the issue in a timely filed motion for new trial preserved the error for appellate review.”

   1 later decision quote this exact passage · from the majority
   e.g. Pearson v. State

3. “Now, I’m going to assess punishment at twenty years in the Institutional Division. If you’ll stand, please. Is there any reason why sentence shouldn’t be pronounced?”

   1 later decision quote this exact passage · from the majority
   e.g. Pearson v. State