Saenz, Kimberly Clark’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although the charge required the jury to unanimously agree that she killed at least two of the five named victims, there was no requirement that the jurors agree on any one specific murder, which would have served as the predicate murder. ' Six jurors could have agreed she killed victims. A, B, and C, while the other six agreed she killed victims D and E. There is no way to know whether the unanimous verdict included agreement regarding the identity of at least one of the victims.”

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

2. “Nothing prohibits a single capital murder from containing alternate underlying offenses that are the same statutory offense but with different victims or different underlying methods of commission, so long as the same victim is alleged with respect to the predicate murder.”

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

3. “The State has the burden of proof to prove that [Saenz] caused the death' of at least two' of the five victims. You don’t have to agree as to which two.”

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