Moore v. State’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Art. 36.01. Order of proceeding in trial (a) A jury being empaneled in any criminal action, ... the cause shall proceed in the following order: (1) The indictment ... shall be read to the jury by the attorney prosecuting.... (2) The special pleas, if any, shall be read by the defendant’s counsel, and if the plea of not guilty is also relied upon, it shall also be stated. (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. (6) The testimony on the part of the defendant shall be offered. (7) Rebutting testimony may be offered on the part of each party. [[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 thé order of proceedings shall continue in the manner described by Subsection (a) of this article.”

   1 later decision quote this exact passage · from the dissent
   e.g. Parra v. State

2. “Having declared independence from the ruling government in part because it denied, and having fought the ensuing revolution in part to obtain, the right to trial by jury, our forbearers enshrined that right in the Sixth and Ninth Declaration of Rights of the Constitution of the Republic of Texas. .... [T]hey maintained it in the Bill of Rights in all successive constitutions: "the accused shall have a speedy public trial by an impartial jury." .... [T]he practice of making "opening statements" is a feature of the common law, "followed from time immemorial." The manifest function is to inform jurors of the nature of the accusation and the facts the State expects to prove in support thereof, and the nature of the defenses and facts the accused expects to support them. Thus the jury is "put in a position to understand and apply the evidence as delivered." Also and not so incidentally, obviously each side gains more insight into the opposing theory of the case.”

   1 later decision quote this exact passage · from the dissent
   e.g. McGowen v. State

3. “when an accused in a timely manner seeks to avail himself of the privilege of making an opening statement, and does not seek to abuse the privilege by commenting upon improper or inadmissable facts, converting it into argument, or otherwise misusing it, it should be accorded, and when its denial ... is brought before this court for review, the denial will not be sanctioned.”

   1 later decision quote this exact passage · from the dissent
   e.g. McGowen v. State