Butcher, Charles E. Ii’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. “[i]n a legal-sufficiency review of an affirmative defense, reviewing courts should first assay the record for a scintilla of evidence favorable to the factfinder’s finding and disregard all evidence to the contrary unless a reasonable factfinder could not. See Matlock v. State, 392 S.W.3d 662, 669-670 (Tex.Crim.App.2013). The finding of the factfinder rejecting a defendant’s affirmative defense should be overturned for lack of legal sufficiency only if the appealing party establishes that the evidence conclusively proves his affirmative defense, and ‘no reasonable [factfinder] was free to think otherwise.’ Id. at 670 . In a factual-sufficiency review of a finding rejecting an affirmative defense, and unlike in a legal-sufficiency review, courts examine the evidence in a neutral light. Id. at 671 . A finding rejecting a defendant’s affirmative defense cannot be overruled unless, ‘after setting out the relevant evidence supporting the verdict, the court clearly states why the verdict is so much against the great weight of the evidence as to be manifestly unjust, conscience-shocking, or clearly biased.’ Id.”

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

2. “was ambiguous as used in the language of the aggravated-kidnapping statute because it was”

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