Gollihar v. State’s Empirical Analysis

Citation profile

217 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 217 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A variance between the wording of an indictment and the evidence presented at trial is fatal only if “it is material and prejudices [the defendant’s] substantial rights.” When reviewing such a variance, we must determine whether the indictment, as written, informed the defendant of the charge against him sufficiently to allow him to prepare an adequate defense at trial, and whether prosecution under the deficiently drafted indictment would subject the defendant to the risk of being prosecuted later for the same crime.”

   10 later decisions quote this exact passage · from the dissent
   e.g. Richard Andrews v. State · Luster v. State

2. “whether the indictment, as written, informed the defendant of the charge against him sufficiently to allow him to prepare an adequate defense at trial, and whether prosecution under the defi-ciently drafted indictment would subject the defendant to the risk of being prosecuted later for the same crime.”

   7 later decisions quote this exact passage · from the majority
   e.g. Padilla v. State · Zarate v. State

3. “A hypothetically correct jury charge is 'one that accurately sets out the law, is authorized by the indictment, does not unnecessarily increase the State's burden of proof or unnecessarily restrict the State's theories of liability, and adequately describes the particular offense for which the defendant was tried.'”

   6 later decisions quote this exact passage · from the majority
   e.g. Kori J. Marra v. State · McAfee v. State