Gray v. State’s Empirical Analysis

Citation profile

47 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[A] trial court is required to fully instruct the jury on the law applicable to the case and to apply that law to the facts presented.” It is not enough for the charge to merely incorporate the allegation in the charging instrument. Instead, it must also apply the law to the facts adduced at trial. This is because “[t]he jury must be instructed ‘under what circumstances they should convict, or under what circumstances they should acquit’.” Jury charges which fail to apply the law to the facts adduced at trial are erroneous.”

   3 later decisions quote this exact passage · from the majority
   e.g. Burnett v. State · Mendez v. State

2. “the jury charge permitted finding intoxication by alcohol if the defendant was more susceptible to the alcohol due to drugs. This charge did not permit conviction on a theory unalleged in the charging instrument. This is still the same theory of committing DWI — the ‘loss of faculties’ theory. [[Image here]] [The charge] permitted the jury to convict if [the appellant’s] drug use made him more susceptible to alcohol, but it still required intoxication due to alcohol. Therefore, it did not expand on the allegations in the charging instrument, and it properly applied the law to the facts of the case.”

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

3. “You are further instructed that if a Defendant indulges in the use of a drug, to wit, Respiratol, Zoloft, Klonopin, and/or Depical, to such an extent that he thereby makes himself more susceptible to the influence of alcohol than he otherwise would have been, and by reason thereof becomes intoxicated from recent use of alcohol, he would be in the same position as though his intoxication was produced by the use of alcohol alone.”

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