Mitchell v. State’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “notice of intent to introduce evidence under this article shall be given in the same manner required by Rule 404(b).”

   3 later decisions quote this exact passage · from the majority
   e.g. Hayden v. State · Ewing v. State

2. “Pursuant to our recognition...of the distinction between a request for action addressed to the trial court and a request for action addressed to the State, we hold that when a document seeks trial court action, it cannot also serve as a request for notice triggering the State's duty under Article 37.07, § 3(g). To hold otherwise would encourage gamesmanship. The opposite rule could encourage defendants to bury requests in voluminous motions, hoping the State would either overlook it or believe it the request [sic] to be contingent on a court order. An ad hoc approach would encourage gamesmanship on the part of both parties.”

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

3. “To hold otherwise would encourage gamesmanship. The opposite rule could encourage defendants to bury requests in voluminous motions, hoping the State would either overlook it or believe ... the request to be contingent on a court order. An ad hoc approach would encourage gamesmanship on the part of both parties. We do not ascribe such motives to counsel in the present case, but we recognize the potential for abuse.”

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