Threadgill v. State’s Empirical Analysis

Citation profile

85 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 87 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The element distinguishing capital murder from felony murder is the intent to kill. [Fuentes v. State, 991 S.W.2d 267, 272 (Tex.Crim.App.1999).] Felony murder is an unintentional murder committed in the course of committing a felony while capital murder includes an intentional murder committed in the course of robbery. Id. To be entitled to an instruction on felony murder there must be some evidence that would permit a jury rationally to find the defendant had the intent to commit robbery but not to cause the death of the victim. The evidence reflects that appellant ran up to the car, leaned in, and fired two shots, the second one into the backseat where the victim was seated. Appellant argues that some evidence suggests that the shooter did not even know that the victim was in the car, claiming Kevin Williams testified that the shots were fired from outside the car and that there was testimony that the victim was “slumped over” in the backseat. A closer look at the portion of Williams’ testimony relied upon by appellant reflects that Williams did not testify the shots were fired from outside the car: [Prosecutor]. Okay. You said he got into the front seat and you were still in the car. [Williams]. He hadn’t got into the car yet. Q. You said a gun was in your face? A. Uh-huh. Q. And you were sitting in the car. Was he standing outside the car pointing a gun in your face? A. He was standing outside the car, bent over into the car. Although the shooter was standing outside of t”

   1 later decision quote this exact passage · from the majority
   e.g. Ronnie Threadgill v. Rick Thaler, Director

2. “Liability as Primary Actor You must determine whether the state has proved the defendant committed the crime by his own conduct. To prove this, the state must prove, beyond a reasonable doubt, two elements. The elements are that— 1. The defendant, in Bowie County, Texas, on or about August 28, 2012, caused the death of Troydricus Lamar Robinson with a firearm; and 2. The defendant was then and there in the course of committing or attempting to commit the offense of robbery of Troydricus Lamar Robinson. If you all agree the state has proved, beyond a reasonable doubt, both elements 1 and 2 listed above, you must find the defendant “guilty.””

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

3. “The Jackson standard of review gives full play to the jury's responsibility fairly to resolve conflicts in the evidence, to weigh the evidence, and to draw reasonable inferences from the evidence.”

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