Edwards v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A jury, as the trier of fact, makes an "express determination” that a deadly weapon was used when it (1) finds the defendant "guilty as charged in the indictment” and the indictment alleged the use of a "deadly weapon"; (2) finds the defendant "guilty as charged in the indictment” and the indictment alleged the use of a per se deadly weapon; or (3) affirmatively answers a special issue on deadly weapon use. Davis v. State, 897 S.W.2d 791, 793 (Tex.Crim.App.1995); Polk, 693 S.W.2d at 396 .”

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

2. “affirmative finding” requires an express determination by the trier of fact that a deadly weapon was used or exhibited during the commission of the offense. Polk v. State, 693 S.W.2d 391, 396 (Tex.Crim.App.1985); Ed wards v. State, 21 S.W.3d 625, 627 (Tex.App.Waco 2000, no pet.). A jury, as the trier of fact, makes an”

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