Ex Parte Hernandez’s Empirical Analysis
1995
Citation profile
23 state decisions
How this case has been cited
Cited by 23 later decisions — most recently June 2010
23 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 Arizona v. Washington · United States v. Josef Perez · Marin v. State · United States v. Spiegel · United States v. Rodriguez
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Article 36.29(a) commands that a felony verdict may not be returned by fewer than twelve jurors unless one of the jurors "may die or be disabled from sitting at any time before the charge of the court is read to the jury[.]". It is also well established that a bias or prejudice in favor of or against the defendant is not a disability within the meaning of Article 36.29(a). As well, Texas Constitution Article V, Section 13 states in part that, "Grand and petit juries in the District Courts shall be composed of twelve men; ..." This constitutional requirement has been held to be non-waivable even with the consent of the State and the defendant. Accordingly, the trial judge could not allow appellant's felony trial to proceed with only eleven jurors [internal citations omitted].”
5 later decisions quote this exact passagee.g. Trinidad v. State · Hatch v. State“[n]ot less than twelve jurors can render and return a verdict in a felony case.”
2 later decisions quote this exact passage · from the dissente.g. Hill v. State · Hatch v. State“Our law absolutely and unambiguously requires that no less than twelve jurors subscribe to all felony verdicts unless, before the case is submitted for jury consideration, one of them dies or becomes disabled. This is plainly not a right of the defendant which he can waive or forfeit at his option. I would, therefore, disapprove the language of Carrillo to the extent it suggests that a criminal defendant has an option under article 36.29 to proceed to verdict with eleven jurors when the twelfth is not dead or disabled. Although our lead opinion in this case amounts to such a disapproval by necessary implication, it would have been better for the trial bench and bar alike had the Court expressed its holding more candidly.”
1 later decision quote this exact passage · from the concurrencee.g. Roberts 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.