Delay v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “reviewing courts 'measure the sufficiency of the evidence by the so-called hypothetically correct jury charge, one which 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 is tried.' " Smith v. State , 500 S.W.3d 685 , 692 (Tex. App.-Austin 2016, no pet.) (quoting DeLay v. State , 465 S.W.3d 232 , 244 n.48 (Tex. Crim. App. 2014) ). The evidence is legally insufficient if "the record contains no evidence, or merely a 'modicum' of evidence, probative of an element of the offense”

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

2. “involves simply construing the reach of the applicable penal provision in order to decide whether the evidence, even when viewed in the light most favorable to conviction, actually establishes a violation of the law”

   1 later decision quote this exact passage · from the majority
   e.g. Lang, Terri Regina