Pizzo v. State’s Empirical Analysis

Citation profile

41 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In sum, we must return to eighth-grade grammar to determine what elements the jury must unanimously find beyond a reasonable doubt. At a minimum, these are: the subject (the defendant); the main verb; and the direct object if the main verb requires a direct object (i.e., the offense is a result-oriented crime); and the specific occasion (the date phrase within the indictment, but narrowed down to one specific incident regardless of the date alleged). Generally, adverbial phrases, introduced by the preposition “by, ” describe the manner and means of committing the offense. They are not the gravamen of the offense, nor elements on which the jury must be unanimous.”

   4 later decisions quote this exact passage · from the majority
   e.g. Casmir Irielle v. State · O'Brien v. State

2. “The essential elements of an offense are, at a minimum: (1) “the subject (the defendant);” (2) “the main verb;” (3) “the direct object if the main verb requires a direct object (i.e., the offense is a result-oriented crime);” “the specific oceasion[;]” and the requisite mental state. The means of commission or nonessential unanimity elements are generally set out in “adverbial phrases” that describe how the offense was committed. Such phrases are commonly preceded “by the preposition ‘by[.]’ ””

   3 later decisions quote this exact passage · from the majority
   e.g. Kevin Lavelle Kent v. State · Kelvin Lynn O'Brien v. State

3. “Now, if you find and believe from the evidence beyond a reasonable doubt that on or about the 15th day of May, 2006, in El Paso County, Texas, [Appellant] did then and there intentionally, knowingly, or recklessly cause bodily injury to Margarita Davila, a member of [Appellant’s] family or household, by pulling Margarita Davila’s hair with [Appellant’s] hand, or by grabbing Margarita Davila about the neck with [Appellant’s] hand as stated in the indictment....”

   2 later decisions quote this exact passage · from the majority
   e.g. Clement v. State · Davila v. State