Maldonado v. State’s Empirical Analysis

Citation profile

1 federal appellate · 32 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Article 38.23(a) provides that evidence obtained in violation of a federal or state law or constitutional provision shall not be admitted against the accused and mandates that the jury be instructed to disregard evidence obtained in violation of the law if the issue is raised by the evidence. Under the Supremacy Clause of the United States Constitution, states must adhere to United States treaties and give them the same force and effect as any other federal law. U.S. Const. Art. VI, cl. 2; ... see also Breard v. Greene, 523 U.S. 371 , 118 S.Ct. 1352, 1355 , 140 L.Ed.2d 529 (1998). Thus, a violation of this treaty would arguably fall under the language in Article 38.23(a) if the issue is raised by the evidence. Compare Cardona v. State, 973 S.W.2d 412, 417-18 (Tex.App.—Austin 1998 [no. pet.]) (finding violation of treaty merited exclusion of evidence under Article 38.23(a), but holding error did not affect defendant’s substantial rights).”

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

2. “Only if [Maldonado] is a foreign national did authorities have an obligation to notify him of his right to consular access. Testimony at trial showed that [Maldonado] lived in Mexico when he was a child and that is where he knew the victim's son, Augustin Saucedo. This evidence does not preclude the possibility that [Maldonado] became a United States citizen after coming to this country. Other evidence showed [Maldonado] had lived in the United States for many years, spoke some English, had a Texas driver's license, and had purchased a car in the United States. No one testified that [Maldonado] was not a United States citizen. In sum, trial evidence did not show appellant was a Mexican citizen.”

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

3. “On April 24th ... the police “received information” implicating [Maldonado] in this homicide. Officer Jaime Escalante went to the Harris County Jail to interview [Maldonado] who was incarcerated on unrelated charges. Escalante read [Maldonado] his Miranda rights in Spanish. [Maldonado] was talkative, but refused to discuss the instant offense. He asked Escalante to come back the next day and he would think about giving him a statement. Escalante returned the following day and, after he read [Maldonado] his constitutional rights again, [Maldonado] gave a tape recorded statement admitting his participation in this offense and others. In the recorded statement, [Maldonado] admitted entering the victim’s apartment with another man named Felix or Benito, while a third man, Adan, waited in the car. [Maldonado] was carrying a .45-caliber pistol. They went to the apartment because Felix wanted to borrow a “cuerno” (AK-47). [Maldonado] also asked the victim to loan them a pistol. When the victim refused to give them a “cuerno” or a pistol, Felix bound the victim with the cord of the iron in the kitchen. [Maldonado] and Felix then demanded to know where the pistol was and also demanded to know the location of some marijuana they believed the victim had in his possession. The victim told them the marijuana was under the bed and the pistol was in the vacuum cleaner. Felix retrieved these items, then told [Maldonado] to kill the victim. [Maldonado] remembered shooting the victim three tim”

   1 later decision quote this exact passage · from the majority
   e.g. Maldonado v. Thaler