State v. Stanley’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he Supreme Court has prescribed and “consisténtly used” a definition of “acquittal.” ... According to that definition, “a defendant is acquitted only when ‘the ruling of the judge, whatever its label, actually represents a resolution [in the defendant’s favor], correct or not, of some or all of the factual elements of the offense charged.’ ” [Smith v. Massachusetts, 543 U.S, 462, 468, 125.S.Ct. 1129, 1134, 160 L.Ed.2d 914 (2005)]. This Court has similarly observed, in Ex parte George, [ 913 S.W.2d 523, 527 (Tex.Crim.App.1995) ], that while no statutory provision explicitly defines the word “acquittal,” “the context in which it appears throughout the Code of Criminal Procedure creates a powerful inference that it means .a finding of fact that the accused is not guilty of the criminal offense with which he is charged.””

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