Flores v. State’s Empirical Analysis

Citation profile

29 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) it is established by proof of the same or less than all the facts required to establish the commission of the offense charged; (2) it differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest suffices to establish its commission; (3) it differs from the offense charged only in the respect that a less culpable mental state suffices to establish its commission; or (4) it consists of an attempt to commit the offense charged or an otherwise included offense.”

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

2. “Proof of a higher degree of culpability than that charged constitutes proof of the culpability charged.”); see Flores v. State, 245 S.W.3d 432, 440 (Tex. Crim.App.2008) (noting that “proof of intent would, as a matter of law, establish recklessness as well.”). 42 . 117 S.W.3d 260 (Tex.Crim.App.2003). 43 . Hicks , - S.W.3d at -, 2011 WL 723507 . 44 . Reed, 117 S.W.3d at 265 . 45 . Id. 46 . Id. at 263 (noting Little v. State, 659 S.W.2d 425, 426 (Tex.Crim.App.1983) and Rocha in concluding that”

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

3. “By marshaling evidence that he might not have caused the deaths, without disputing the evidence that he acted intentionally, appellant might have raised, and been entitled to, an instruction on an offense that lies between the requested and charged offenses-namely, attempted murder.” Flores, 245 S.W.3d at 441 . .Felony murder and murder are lesser-included offenses of capital murder. Threadgill v. State, 146 S.W.3d 654, 665 (Tex.Crim.App.2004).”

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