Camp v. State’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We agree with the holding in Tanksley that Section 22.06 should not be read to define “effective consent to mean engaging in an occupation having a risk of assault.” This would not be consistent with other provisions of the Penal Code which protect public servants who are discharging their official duties. We note that the opinion in Tanksley agreed that the public servant’s “express or apparent consent” would have been effective as a defense if he knew that such conduct was a risk of his occupation. As in Tanksley, there was no “express or apparent consent” by the public servants to appellant’s conduct in trying to ram their vehicles; consequently, it does not matter if they knew that such conduct was a risk of them occupation. Each of the officers testified that they did not give “express consent” to appellant’s conduct, and there is no proof of “apparent consent” because there is no showing that appellant had a reasonable belief that the officers gave their consent to his conduct.”

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

2. “There is no evidence that the jailer consented in fact to appellant’s conduct, whether by express words or by other means indicating an apparent consent. The provisions of § 22.06 quoted above do not define effective consent to mean engaging in an occupation having a risk of assault, as appellant apparently contends. Rather, the victim’s express or apparent assent to an accused’s conduct is effective as a defense if the victim knew that such conduct was a risk of his occupation. There being no assent by the jailer to the conduct of appellant in the present case, § 22.06 was not applicable and appellant was not entitled to a requested instruction thereunder. Appellant does not contend that he reasonably believed the jailer consented to the assault.”

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