Lomax v. State’s Empirical Analysis

Citation profile

35 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt ... he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.”

   3 later decisions quote this exact passage · from the concurrence
   e.g. George Munoz Jr. v. State · McGuire v. State

2. “[Mendez] and/or [Carrillo], did then and there unlawfully, intentionally or knowingly commit or attempt to commit felony theft, and while in the course of and furtherance of the commission or attempted commission of felony theft, [Carrillo] did commit an act clearly dangerous to human life, to wit: shooting [Officer] Canales with a deadly weapon, namely, a firearm and did thereby cause the death of [Officer] Canales, and that the defendant, [Nava], with the intent to promote or assist the commission of the offense, if any, solicited, encouraged, directed, aided or attempted to aid [Mendez] and/or [Carrillo] to commit the offense. [Nava’s jury charge] [Nava] and/or [Carrillo], did then and there unlawfully, intentionally or knowingly commit or attempt to commit felony theft, and while in the course of and furtherance of the commission or attempted commission of felony theft, [Carrillo] did commit an act clearly dangerous to human life, to wit: shooting [Officer] Canales with a deadly weapon, namely, a firearm and did thereby cause the death of [Officer] Canales, and that the defendant, [Mendez], with the intent to promote or assist the commission of the offense, if any, solicited, encouraged, directed, aided or attempted to aid [Nava] and/or [Carrillo] to commit the offense. [Mendez’s jury charge]”

   1 later decision quote this exact passage · from the concurrence
   e.g. Xiomara Rosales Mendez v. State

3. “[Deciding that Section 19.02(b)(3) dispenses with a culpable mental state is consistent with the historical purpose of the felony-murder rule, the very essence of which is to make a person guilty of an “unintentional” murder when he causes another person’s death during the commission of some type of a felony. We hold that Section 19.02(b)(3) plainly dispenses with a culpable mental state.”

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