Francis v. State’s Empirical Analysis

Citation profile

77 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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'The breast-touching and the genital-touching were two different offenses, and therefore, should not have1 been charged in the disjunctive. By doing so, it is' possible that six members of the jury convicted appellant on the breast-touching offense (while the other six believed he was innocent of the breast-touching) and six members convicted appellant on the genital-touching offense (while the other six believed he was innocent of the genital-touching).”

   6 later decisions quote this exact passage · from the concurrence
   e.g. Damion Dewayne Williams v. State · Gonzales v. State

2. “[I]f you believe from the evidence beyond a reasonable doubt that the defendant, Leonardo Martinez, on or about the 1st day of January, 2004, in the County of Travis, and State of Texas, did then and there knowingly or intentionally cause the penetration of the anus of [L.Z.], a child younger than 14 years of age and not his spouse, by the sexual organ of the said Leonardo Martinez, or if you believe from the evidence beyond a reasonable doubt that the defendant, Leonardo Martinez, did then and there knowingly or intentionally cause the anus of [L.Z.], a child younger than 14 years of age and not his spouse, to contact the sexual organ of the said Leonardo Martinez, you will find the defendant guilty of the offense of Aggravated Sexual Assault of a Child....”

   5 later decisions quote this exact passage · from the majority
   e.g. Gonzales v. State · Garcia v. State

3. “[i]f you find ... the Defendant ... did ... engage in sexual contact by touching the breast or genitals”

   4 later decisions quote this exact passage · from the majority
   e.g. In Re BLD · Pizzo v. State