Swearingen v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If you find by a preponderance of the evidence that the defendant caused the death under the immediate influence of sudden passion arising from an adequate cause, you will assess the defendant’s punishment at confinement in the Institutional Division of the Texas Department of Criminal Justice for any term not more than 20 years or less than 2 years. In addition, a fíne not to exceed $10,000 may be imposed. However, if you do not And by a preponderance of the evidence that the defendant committed the offense of murder under the immediate influence of sudden passion arising from an adequate cause, you will assess the defendant’s punishment at confinement in the Institutional Division of the Texas Department of Criminal Justice for Life or for any term not more than 99 years or less than 5 years. In addition, a fíne not to exceed $10,000 may be imposed.”

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

2. “Do you the Jury unanimously find by a preponderance of the evidence that the defendant caused the death of Tracy Hall under the immediate influence of sudden passion arising from an adequate cause? The jury will answer either, “We do” or “We do not.””

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