Jourdan, Ricardo’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the jury must be unanimous in finding every constituent element of the charged of fense....”

   2 later decisions quote this exact passage · from the majority
   e.g. Harper v. State · O'Brien v. State

2. “Now, if you find from the evidence beyond a reasonable doubt that on or about the 1st day of June, 2012, in Harris County, Texas, the defendant, Fidel Flores, did then and there unlawfully, intentionally or knowingly cause the penetration of the anus of [complainant], a child younger than six years of age, with the sexual organ of the defendant; or If you find from the evidence beyond a reasonable doubt that on or about the 1st day of June, 2012, in Harris County, Texas, the defendant, Fidel Flores, did then and there unlawfully, intentionally or knowingly cause the penetration of the anus of [complainant], a child younger than six years of age, with an unknown object; or If you find from the evidence beyond a reasonable doubt that on or about the 1st day of June, 2012, in Harris County, Texas, the defendant, Fidel Flores, did then and there unlawfully, intentionally or knowingly cause the penetration of the anus of [complainant], a child younger than six years of age, with the finger of the defendant, then you will find the defendant guilty of aggravated sexual assault of a child, as charged in the indictment. If you find from the evidence beyond a reasonable doubt that on or about the 1st day of June, 2012, in Harris County, Texas, the defendant, Fidel Flores, did then and there unlawfully, intentionally or knowingly cause the penetration of the anus of [complainant], a child younger than six years of age, with a stick, then you will find the defendant guilty of aggravated ”

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

3. “Jury-charge error is egregiously harmful if it affects the very basis of the case, deprives the defendant of a valuable right, or vitally affects a defensive theory. In examining the record to determine whether jury-charge error is egregious, the reviewing court should consider the entirety of the jury charge itself, the evidence, including the contested issues and weight of the probative evidence, the arguments of counsel, and any other relevant information revealed by the record of the trial as a whole.”

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