McKithan v. State’s Empirical Analysis

Citation profile

1 federal appellate · 19 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An offense is a lesser-included offense of another offense ... if the indictment for the greater-inclusive offense either: 1) alleges all of the elements of the lesser-included offense or 2) alleges elements plus facts (including descriptive aver-ments, such as non-statutory manner and means, that are alleged for purposes of providing notice) from which all of the elements of the lesser-included offense may be deduced.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Rice v. State · Anthony Craig Mathis v. State

2. “The relevant inquiry is not what the evidence may show but what the State is required to prove to establish the charged offense.” McKithan v. State, 324 S.W.3d 582, 593 (Tex.Crim.App.2010); Crippen v. State, 368 S.W.3d 630, 632 (Tex.App.-Eastland 2012, pet. ref'd); see, e.g., Williams v. State, No. 02-06-00454-CR, 2008 WL 623805 , at (Tex.App.-Fort Worth Mar. 6, 2008, no pet.) (mem. op., not designated for publication) (”

   1 later decision quote this exact passage · from the dissent
   e.g. Anthony Craig Mathis v. State

3. “causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.”

   1 later decision quote this exact passage · from the dissent
   e.g. United States v. Torres