Willingham v. State’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A change of venue is proper and consistent with principles of due process when a defendant demonstrates his inability to obtain an impartial jury or a fair trial at the place of venue. A change of venue is the remedy to jury prejudice resulting from extensive, widespread inflammatory news coverage. The mere fact that a crime was publicized in the news media does not establish prejudice or require a change of venue per se. Rather, the test is “whether outside influences affecting the community’s climate of opinion as to a defendant are inherently suspect.” In order to prevail in a motion to change venue, a defendant must prove that publicity about the case is pervasive, prejudicial and inflammatory. A defendant must demonstrate an “actual, identifiable prejudice attributable to pretrial publicity on the part of the community from which members of the jury will come. When a trial court is presented with a motion to change venue, the trial judge must act as fact-finder with regard to the issue presented. Tex.Code Crim. Proc. Ann. art. 31.04. The trial judge is in a better position than this Court to resolve such issues as a result of his ability to observe the demeanor of witnesses and scrutinize their veracity. Consequently, we will affirm the trial court’s judgment absent evidence of an abuse of discretion.”

   3 later decisions quote this exact passage
   e.g. Herbst v. State · Travis v. State

2. “What first must be established is a specific connection between the witness’ testimony and the cause, disclosing an actual bias or motive [citation omitted], and this nexus must be demonstrated by laying the proper foundation. To lay a proper predicate for impeachment the witness should be asked about any possible interest or bias he may have before there is an attempt to prove interest or bias otherwise [citation omitted]. The witness must first be informed as to the circumstances supporting a claim of bias or interest and must be given an opportunity to explain or deny such circumstances. Tex.R.Crim.Eved. 612(b) [citation omitted].”

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

3. “a time cut or something was supposed to happen with his lawyer.”

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