Tottenham v. State’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Here, the charge stated that if you find from the evidence beyond a reasonable doubt that on or about the 5th day of January, 2010, in Harris County, Texas, the defendant, Tomas Jimenez, did then and there unlawfully, intentionally or knowingly cause the penetration of the mouth of [complainant], a person at least sixty-five years of age with the sexual organ of the defendant, without [complainant’s] consent, namely the defendant was an employee of a nursing home, namely Seven Acres, where [complainant] was a resident, and [complainant] and defendant were not married to each other ... then you will find the defendant guilty of aggravated sexual assault, as charged in the indictment.”

   3 later decisions quote this exact passage
   e.g. Mendez v. State · Tomas Jimenez v. State

2. “(2) if the existence of the presumed fact is submitted to the jury, the court shall charge the jury, in terms of the presumption and the specific element to which it applies, as follows: (A)that the facts giving rise to the presumption must be proven beyond a reasonable doubt; (B)that if such facts are proven beyond a reasonable doubt the jury may find that the element of the offense sought to be presumed exists, but it is not bound to so find; (C)that even though the jury may find the existence of such element, the state must prove beyond a reasonable doubt each of the other elements of the offense charged; and (D)if the jury has a reasonable doubt as to the existence of a fact or facts giving rise to the presumption, the presumption fails and the jury shall not consider the presumption for any purpose.”

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

3. “The failure to preserve jury-charge error is not a bar to appellate review, but rather it establishes the degree of harm necessary for reversal.”

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