Mitchell v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The standard of review for determining whether the trial court erred in admitting evidence is the abuse of discretion standard. Montgomery v. State, 810 S.W.2d 372, 379 (Tex.Crim.App.1990). But when the trial court’s admission of evidence rests, as it does in this case, on the construction and application of a statute such as article 37.07, section 3(g), the issue is a question of law, and our standard of review of the trial court’s ruling is de novo. See Espinosa v. State, 853 S.W.2d 36, 38-39 (Tex.Crim.App.1993) (court implicitly applied de novo standard of review); Washington v. State, 943 S.W.2d 501, 504-06 (Tex.App.—Ft. Worth 1997, no pet. hist.) (op. on reh’g) (in ruling on art. 37.07, section 3(g) notice issue, court implicitly applied de novo standard of review). But see President v. State, 926 S.W.2d 805, 809 (Tex.App.—Austin 1996, pet. ref'd.) (while not expressly applying a standard of review, court concluded by holding that trial court did not abuse its discretion).”

   1 later decision quote this exact passage · from the majority
   e.g. Hohn v. State

2. “The Code of Criminal Procedure provides: (g) On timely request of the defendant, notice of intent to introduce evidence under this article shall be given in the same manner required by Rule 404(b), Texas Rules of Criminal Evidence. If the attorney representing the state intends to introduce an extraneous crime or bad act that has not resulted in a final conviction in a court of record or a probated or suspended sentence, notice of that intent is reasonable only if the notice includes the date on which and the county in which the alleged crime or bad act occurred and the name of the alleged victim of the crime or bad act. The requirement under this subsection that the attorney representing the state give notice applies only if the defendant makes a timely request to the attorney representing the state for the notice.”

   1 later decision quote this exact passage · from the majority
   e.g. Hohn v. State