Pope v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a party may always comment on the fact that an opponent failed to call an available witness, or argue a witness was not called because testimony would be unfavorable
• holding testimony that defense expert had not requested additional DNA testing did not violate the work product doctrine
• discussing when an expert is a \testifying\ expert rather than a \consulting\ expert and holding that the parties to a criminal proceeding may seek information about the opposing side's testifying experts and their opinions
• discussing when an expert is a “testifying” expert rather than a “consulting” expert and holding that the parties to a criminal proceeding may seek information about the opposing side’s testifying experts and their opinions
• noting “party may always comment on the fact that the opponent failed to call an available witness and then argue ‘Don’t you know, if Mr. X had anything favorable to say, my opponent would have called him.’”
• “a party may always comment on the fact that the opponent failed to call an available witness”

Source: CourtListener parenthetical corpus (CC0).

Cited by

57 cases in this archive cite this case; the 20 most cited are listed.

• People v. Zamudio
  California Supreme Court· 2008-04-21· cited 1,209×
• Ex Parte Napper
  Court of Criminal Appeals of Texas· 2010-09-29· cited 207×
• Pena v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2007-05-02· cited 95×
• Walker v. State
  Court of Appeals of Texas· 2009-10-01· cited 83×
• Trent Mason v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2013-10-31· cited 66×
• Orr v. State
  Court of Appeals of Texas· 2010-02-18· cited 53×
• Neptali Armando Orellana v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2012-08-15· cited 49×
• Romeo Hinojosa v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2014-05-07· cited 41×
• Susan Lucille Wright v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2012-06-26· cited 27×
• In re State ex rel. Skurka
  Court of Appeals of Texas· 2016-06-13· cited 26×
• Woodruff v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2010-12-03· cited 14×
• Lancaster v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2010-10-13· cited 8×
• Carlos Zambrano v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2014-03-05· cited 7×
• Bradley Kelton Crenshaw v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2014-02-27· cited 6×
• Dometrius Brazelton v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2007-07-12
• Donald Gulley v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2008-03-20
• Richard Brian Devereaux v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2009-11-25
• Korey Demaine Walker v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2009-10-01
• Amanda Renee Shannon v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2008-05-12
• Billy Ray Stewart A/K/A Billy R. Stewart v. State
  Tex. App. Ct., 9th Dist. (Beaumont)· 2009-08-26

Cites

46 cases in this archive are cited by this case; the 20 most cited are listed.

• Hickman v. Taylor
  Supreme Court· 1947-01-13· cited 4,981×
• Ake v. Oklahoma
  Supreme Court· 1985-02-26· cited 3,332×
• United States v. Nobles
  Supreme Court· 1975-06-23· cited 1,718×
• Patrick v. State
  Court of Criminal Appeals of Texas· 1995-09-20· cited 1,680×
• Jackson v. State
  Court of Criminal Appeals of Texas· 2000-05-17· cited 1,065×
• Williams v. State
  Court of Criminal Appeals of Texas· 1997-10-15· cited 716×
• White v. Vanderbilt University
  Court of Appeals of Tennessee· 1999-12-30· cited 502×
• Skinner v. State
  Court of Criminal Appeals of Texas· 1997-05-21· cited 330×
• West v. Solito
  Texas Supreme Court· 1978-03-08· cited 270×
• Axelson, Inc. v. McIlhany
  Texas Supreme Court· 1990-10-24· cited 263×
• In Re the City of Georgetown
  Texas Supreme Court· 2001-04-12· cited 193×
• National Tank Co. v. Brotherton
  Texas Supreme Court· 1993-04-07· cited 139×
• Taylor v. State
  Court of Criminal Appeals of Texas· 1996-10-09· cited 132×
• Doe v. Eli Lilly & Co.
  District of Columbia· 1983-09-09· cited 101×
• Durflinger v. Artiles
  Tenth Circuit· 1984-01-27· cited 98×
• Tom L. Scott, Inc. v. McIlhany
  Texas Supreme Court· 1990-10-24· cited 92×
• Carmona v. State
  Court of Criminal Appeals of Texas· 1997-03-26· cited 85×
• Caron v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2005-02-10· cited 82×
• Austin v. State
  Court of Criminal Appeals of Texas· 1996-11-06· cited 59×
• Pope v. State
  Court of Appeals of Texas· 2005-03-03· cited 55×