Campbell v. State’s Empirical Analysis
1995
Citation profile
8 state decisions
How this case has been cited
Cited by 8 later decisions — most recently January 2010
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Jackson v. Virginia · Griffin v. California · Donnelly v. DeChristoforo · Darden v. Wainwright · Alexander v. United States
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Incurable harm does not arise only from improper jury argument. A defendant is often irreparably harmed by the improper introduction, without any objection, of evidence relating to extraneous offenses. He might get a reversal, but it would have to be on the basis of ineffective assistance of counsel, not on the basis of fundamental error resulting from the improper introduction of evidence. Campbell v. State, 900 S.W.2d 763, 775 (Tex.App.-Waco 1995)(Thomas, C.J., concurring). He further noted the odd dichotomy that exists under prior caselaw in that the improper introduction of extraneous offense evidence is subject to procedural default, but a prosecutor’s improper reference to an extraneous offense during argument, if proven to be incurably harmful, is not subject thereto. Id.”
1 later decision quote this exact passage · from the concurrencee.g. Cockrell v. State“The law does not require a defendant to prove his innocence or produce any evidence at all. The presumption of innocence alone is sufficient to acquit the defendant unless the jurors are satisfied beyond a reasonable doubt of the defendant’s guilt after careful and impartial consideration of all evidence in the case. The prosecution has the burden of proving the defendant guilty and it must do so by proving each and every element of the offense charged beyond a reasonable doubt and if it fails to do so, you must acquit the defendant.”
1 later decision quote this exact passagee.g. Archie v. State“Any defendant in a criminal action shall be permitted to testify in his own behalf therein, but the failure of any defendant to so testify shall not be taken as a circumstance against him, nor shall the same be alluded to or commented on by counsel in the cause.”
1 later decision quote this exact passagee.g. Wead v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.