Battles v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct, including following the other person, that: (1) the actor knows or reasonably believes the other person will regard as threatening: (A) bodily injury or death for the other person; [[Image here]] (2) causes the other person ... to be placed in fear of bodily injury or death ...; and (3) would cause a reasonable person to fear: (A) bodily injury or death for himself or herself; [[Image here]]”

   2 later decisions quote this exact passage
   e.g. Sisk v. State · Ploeger v. State

2. “The language of the 1997 statute is not unconstitutionally vague. We find this statute to thoroughly specify what conduct is prohibited and subject to prosecution. For example, one way in which a person can be convicted of stalking is by engaging in conduct he knows or reasonably believes will be regarded by the other person as threatening bodily injury or death. Tex. Penal Code Ann. § 4.2.072 (a)(1)(A). It can also be an offense under the statute for a person to knowingly engage in conduct that would cause a reasonable person to fear bodily injury or death. Tex. Penal Code Ann. § 42.072 (a)(3)(A). Therefore, the stalker is on notice of the prohibited conduct if he knows or believes the other person will regard that conduct as threatening bodily injury or death. As such, the previous vagueness problem no longer exists.”

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