Leday v. State’s Empirical Analysis

Citation profile

163 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 166 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Our rule, therefore, is that overruling an objection to evidence will not result in reversal when other such evidence was received without objection, either before or after the complained-of ruling. This rule applies whether the other evidence was introduced by the defendant or the State, [citations omitted] The rule has never been otherwise, so far as we know. In Wagner v. State, 53 Tex.Crim. 306, 307 , 109 S.W. 169, 169 (1908), we said, “It is well settled in this state that the erroneous admission of testimony is not cause for reversal, if the same fact is proven by other testimony not objected to. See.... West v. State, 2 Tex.App. 460 [ 1877 WL 8432 ] [1877].””

   3 later decisions quote this exact passage · from the majority
   e.g. Montemayor v. State · In re Z.L.B.

2. “The appellant was the passenger in a vehicle which a deputy constable stopped for speeding. The officer’s dog, which was trained to detect narcotics, began barking in the officer’s car. The driver asked if the dog would bite someone who had cocaine on their person. The officer said no. The driver asked the officer to take a bag out of her coat pocket in such a way that the appellant could see that she was not giving it willfully. The bag contained about 124 grams of “crack” cocaine. The driver and the appellant were arrested and taken to the constable’s office. After talking to the driver, the officer searched the appellant’s shoes and found about 28 more grams of “crack” cocaine.”

   2 later decisions quote this exact passage · from the majority
   e.g. Leday v. State · Leday v. State

3. “held that an appellant who had admitted his guilt in the punishment stage could not appeal the sufficiency of evidence, but the Court allowed appeal of other errors that were committed at the guilt stage. The stated reason for refusing to reverse a conviction of such an appellant for insufficient evidence was that on the retrial the State would certainly obtain conviction by using the appellant’s testimony from the first trial. If that reason ever had validity, it disappeared after the Supreme Court’s holding that the Double Jeopardy Clause of the Fifth Amendment would be violated by a retrial after an appellate court held that the evidence of guilt was legally insufficient.”

   2 later decisions quote this exact passage · from the majority
   e.g. Resendez v. State · Jacobson, Jonathan