Owens v. State’s Empirical Analysis

Citation profile

3 federal appellate · 11 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Court heard evidence and argument of counsel. The Court finds the Motion to Dismiss the indictment should be granted. The law in question is Section 47.01(4)(b) of the Texas Penal Code. That provision attempts to describe contrivances which are not "gambling devices.” In this attempt it woefully fails. Based on the evidence presented in this case there is no issue but that a player is entitled to redeem, after a single play, no more than what the law allows. At issue is whether nonredeemable credits awarded which allow continuation of play violate this exception, therefore constituting the contrivance a "gambling device” in violation of the laws. In this regard the Court finds that 47.01 (4)(b) provides an ordinary law-abiding citizen insufficient and ambiguous information by which to attempt to comply with the law. The uncontradicted evidence in this case shows that defendant sought advice from prosecutors to ensure that they complied with the law and acted accordingly. Further, from the evidence presented, it is clear that law enforcement is in a quandary in attempting to enforce this law due to the ambiguous nature of the law. Law enforcement and prosecutors are entitled to clear guidelines when enforcing the law to avoid arbitrary enforcement and prosecution. This law does not provide that clear guideline. Therefore, the Court finds that Section 47.01(4)(b) is unconstitutional in that it is impermissibly vague offending the requirement of due process of law. Grayned v”

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

2. “The Defendants propose to operate various amusement devices, specifically: “electronic, electromechanical, and mechanical contrivances made and used solely for bona fide amusement purposes in compliance with Section 47.01(4)(B) of the Texas Penal Code.” Gambling devices are illegal in Texas. Section 47.01(4) defines “gambling device”: (4) “Gambling device” means any electronic, electromechanical, or mechanical contrivance not excluded under Paragraph (B) that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the contrivance. The term: (A) includes, but is not limited to, gambling device versions of bingo, keno, blackjack, lottery, roulette, video poker, or similar electronic, electromechanical, or mechanical games, or facsimiles thereof, that operate by chance or partially so, that as a result of the play or operation of the game award credits or free games, and that record the number of free games or credits so awarded and the cancellation or removal of the free games or credits; and (B) does not include any electronic, electromechanical, or mechanical contrivance designed, made, and adapted solely for bona fide amusement purposes if the contrivance rewards the player exclusively with noncash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items, that”

   1 later decision quote this exact passage
   e.g. 220 F. Supp. 2d 668 - Texas v. Ysleta Del Sur Pueblo