Sears v. State’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When a cause is reversed and remanded for a new trial, generally, without instructions to render a specific judgment, as in the first appeal of this cause, the effect is to restore the parties litigant to the same situation as that in which they were prior to the appeal; the parties are allowed to proceed in the court below, and have their rights determined in the same manner and to the same extent as if their cause had never been heard or decided by any court, leaving the trial court entirely free to exercise his own judgment upon the evidence reviewable on appeal, as in the first instance.”

   1 later decision quote this exact passage · from the concurrence
   e.g. McNatt v. State

2. “the trial court violated his due process right to notice under the Sixth and Fourteenth Amendments to the United States Constitution when it allowed the State to present enhancement evidence over [his] objection that he had received inadequate notice of the State's intent to offer the evidence.”

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

3. “prior convictions used as enhancements must be pled in some form, but they need not be pled in the indictment — although it is permissible and perhaps preferable to do so.”

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