Bauder v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The obvious difficulty with the Kennedy standard is that it requires ... [a court to] “look at the prosecutor’s actions under the circumstances and try to guess what he was thinking.’’ A fundamental right should not be left dangling from such a tenuous thread.... If double jeopardy is to mean anything ..., appellate courts must be able to analyze the salient issues from the objective facts in the record.... If we cannot conclude from the objective facts in the record whether double jeopardy rights have been protected, then it is time to breathe life into the double jeopardy clause of the Texas Constitution and craft a standard more "free from practical difficulty” that will protect our citizens from governmental overreaching.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Rogan

2. “Inferring intent is a familiar process. It is familiar in deciding civil cases on a “more probable than not” basis, and in criminal eases where the facts and circumstances prove defendants’ intent “beyond a reasonable doubt.” However, neither of these standards is appropriate for determining a prosecutor’s intent. Determining his “probable” intent is inherently a guess, not appropriate for criminal proceedings or fundamental rights, and defendants certainly should not have to prove beyond a reasonable doubt that their rights were violated.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Breit

3. “the conduct of the prosecutor is intentionally undertaken to prejudice the defendant to the point of the denial of a fair trial.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Lee