Heller v. State’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “There are instances in which courts have found the inconsistency between the “specific intent to commit an offense” requirement in the criminal attempt statute and the elements of a particular attempted offense precluded its use as a lesser-included offense under article 37.09(4). See Gonzales v. State, 582 S.W.2d 343 , 345 (Tex.Crim.App.1976) (instruction on attempted voluntary manslaughter properly denied as lesser-included offense of attempted murder; involuntary manslaughter negates specific intent to kill); Yandell v. State, 46 S.W.3d 357, 361 (Tex.App.-Austin 2001, pet. ref'd) (deadly conduct not lesser-included offense of manslaughter under art. 37.09(4); “it is impossible to specifically intend to recklessly kill another”). In its analysis in one such situation, the court in Strong v. State, 87 S.W.3d 206 (Tex.App.-Dallas 2002, pet. ref'd), pointed out that because the offense of driving while intoxicated has no culpable mental state, the attempt statute cannot apply to DWI.”

   1 later decision quote this exact passage
   e.g. Thornton, Gregory