Tessmer v. State’s Empirical Analysis
2000
Citation profile
2 federal appellate · 26 state decisions
How this case has been cited
Cited by 28 later decisions — most recently May 2024 · most notably Flores v. State (2004), Williams v. State (2003)
2 federal appellate · 26 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Jackson v. Virginia · Brady v. State of Maryland · Timberlake v. State · Hicks v. State · Edge v. State
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“With respect to the charge of felony murder, ladies and gentlemen, if it is shown by the evidence beyond a reasonable doubt that the injury to the alleged victim occurred by the discharge of a gun held by the accused and used in an attempt to place the alleged victim in reasonable apprehension of immediately receiving a violent injury, the accused would not be able to claim the offense [sic] of accident or misfortune, even if the discharge of the gun was unintentional. Should you find that the Defendant was not able to claim the defense of accident or misfortune with respect to your consideration of felony murder, you would still be authorized to consider whether or not his conduct was justified as I have previously instructed you. Now, ladies and gentlemen, if you do not believe that the Defendant is guilty or if you have any reasonable doubt as to the Defendant's guilt on the offenses charged, then it would be your duty to acquit the Defendant as to that offense.”
1 later decision quote this exact passagee.g. Scott v. State“(1) that the evidence has come to his knowledge since the trial; (2) that it was not owing to the want of due diligence that he did not acquire it sooner; (3) that it is so material that it would probably produce a different verdict; (4) that it is not cumulative only; (5) that the affidavit of the witness himself should be procured or its absence accounted for; and (6) that a new trial will not be granted if the only effect of the evidence will be to impeach the credit of a witness.”
1 later decision quote this exact passage“to follow an exact formula in instructing juries so long as the charge as a whole ensures that the jury will consider whether evidence of provocation and passion might authorize a verdict of voluntary manslaughter.”
1 later decision quote this exact passagee.g. Price v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.