Valencia v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The charge talks about the award of good conduct time to a prisoner who exhibits good behavior and parole. To caution you right now, first off, you can’t guess or estimate anything about good conduct time or parole to this guy. This is for your information, for you to know that whatever the term of years in a case that a defendant gets sentenced to, his time in the penitentiary can be reduced by the award of good conduct time and by parole. They say the formula here as to when he becomes eligible for parole would be when a defendant has his actual time plus his good conduct time added together and they equal one fourth of the sentence. That means if there is a forty-year sentence, one-fourth of that is ten years, and let’s say you get three days credit for every one you serve. That’s the good conduct time. That means you can effectively become eligible for parole on a forty-year sentence in about two years. That’s the way it reads.”

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

2. “The general rule is that any impropriety in the prosecutorial argument is waived by a defendant's failure to make a proper and timely objection [citation omitted] An exception exists where the prosecutor's argument is so prejudicial that an instruction to disregard will not cure the harm.”

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

3. “[w]hen a claim is made of ineffective assistance of counsel at the punishment phase of a non-capital offense trial, this Court is to judge the effectiveness of counsel by a single standard of reasonably effective assistance of counsel.”

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