Hernandez 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 record shows that [on] April [6th] 1988, the bullet-riddled body of [the victim] was found alongside a Cameron County Highway [sic]. Shortly thereafter, the Cameron County grand jury jointly indicted Martin Flores and appellant for the murder. Appellant faded to appear for arraignment, but Flores was tried and convicted in August 1988. Appellant was captured four years later and tried in January 1993. At appellant’s trial, the State called accomplice Flores and a number of non-accomplice witnesses. Flores, the accomplice, testified that in 1988 he had been convicted of [the victim’s] murder and sentenced to twenty-five years in prison. He was released on parole in February 1992. He testified that he did not want to testify at appellant’s trial but appeared because he was subpoenaed. He did not remember witnesses testifying during his own trial, nor did he remember evidence being presented. He identified appellant in the courtroom. He testified that [the victim] had been a mechanic who lived next to him on Elena Street in Brownsville. He could not remember how long he had known [the victim] or when [the victim] became his neighbor. Flores remembered that he had met appellant in Matamoros but could not remember when. He could not remember where appellant lived. Flores could not remember getting together with appellant and [the victim]. Flores testified that he could not remember “what happened” because he had nerve problems when he was in prison. He could not remember the l”

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

2. “[p]roof that an accused was present at or near the scene of a crime, when coupled with other suspicious circumstances, including subsequent flight, may tend to connect the accused to the commission of the offense.... The fact that [the defendant] lived [on the victim’s property] and had gone away around the time of the murder is of some significance, but, by itself, is not sufficient to connect appellant to the murder.”

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

3. “(1) appellant and Flores were with [the victim] approximately two hours before the killing, (2) two persons killed the victim, (3) appellant departed without explanation after [the victim] was killed, (4) in the past, appellant possessed one type of weapon (pump shotgun) used to kill [the victim], and (5) appellant drank Miller Lite beer and a can of that type of beer was found by [the victim’s] body.”

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