Trevino v. State’s Empirical Analysis

Citation profile

44 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.”

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

2. “a sudden passion charge should be given if there is some evidence to support it, even if that evidence is weak, impeached, contradicted, or unbelievable.”

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

3. “the sudden passion charge should be given when it is raised by the evidence, even if it conflicts with other evidence in the case”

   1 later decision quote this exact passage · from the majority
   e.g. Mejia v. Stephens