Garza v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The questions posed on jury questionnaires traditionally are attributed to the trial court. The purpose of jury questionnaires is to elicit basic information, possible biases, and other problems that would otherwise be brought out during voir dire. Counsel may rely on these questionnaires to determine which questions to ask during voir dire and which jurors to strike, thus minimizing the length of voir dire.... Furthermore, the trial court and the attorneys can rely on information that is available only from the juror questionnaire or information cards.”

   1 later decision quote this exact passage · from the dissent
   e.g. Preiss v. Moritz

2. “.... Where a Rule 44.2(b) error does not lend itself to this type of harm analysis, i.e., determining whether a substantial right was affected, neither logic nor Cain requires us to disregard the error. A defendant’s right to a jury [shuffle] is a substantial right.... To disregard, a jury shuffle error because an appellant is unable to show that the error affected the jury’s verdict, would leave to a trial court’s discretion the rule governing a jury shuffle.”

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