Langs v. State’s Empirical Analysis

Citation profile

1 federal appellate · 46 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. “(1) the lesser-included offense context, in which the same conduct is punished twice; once for the basic conduct, and a second time for that same conduct plus more (for example, attempted assault of Y and assault of Y; assault of X and aggravated assault of X); and (2) punishing the same criminal act twice under two distinct statutes when the legislature intended the conduct to be punished only once (for example, causing a single death by committing both intoxication manslaughter and involuntary manslaughter).”

   2 later decisions quote this exact passage · from the majority
   e.g. Bigon v. State · Ex Parte Amador

2. “[W]hen separate theories for an offense are issued to the jury disjunctively, a double jeopardy violation is not clearly apparent on the face of the record if one of the theories charged would not constitute a double jeopardy violation and there is sufficient evidence to support that valid theory. The fact that the jury’s verdict could have relied on a theory that would violate the Double Jeopardy Clause, is not sufficient to show a constitutional violation clearly apparent on the face of the record.”

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

3. “remain[ing] concealed, with intent to commit a felony, theft, or an assault, in a building or habitation, or entering] a building or habitation and committing] or attempting] to commit a felony, theft, or an assault.” Tex. Penal Code Ann. § 30.02 (a)(2)-(3). But the State did not charge Beasley with these offenses. 2 . The Court observed that a double jeopardy claim may arise in the lesser-included offense context when”

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