Evilsizer v. State’s Empirical Analysis
1972
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently December 2012
12 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Garcia v. State · Valdez v. State · 164 Tex. Crim. 557 - Dubois v. State · 136 Tex. Crim. 285 - Chapman v. State · Dodd v. State
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“. if the pre-existing condition of mind of the accused is not such as would render him legally insane in and of itself, then the recent use of intoxicants causing stimulation or aggravation of the pre-ex-isting condition to the point of insanity cannot be relied upon as a defense to the commission of the crime itself. 30”
2 later decisions quote this exact passagee.g. McKinney v. State · Evans v. State“You are further instructed that the law of self-defense is qualified to the extent that a person is not justified in using force or deadly force if he provoked the other person’s use or attempted use of unlawful force, unless: (A) the person abandons the encounter, and (B) the other person, nevertheless, continues or attempts to use unlawful force against the person claiming self-defense. You are further instructed as part of the law of this case, and as a qualification of the law on self-defense, that if you find and believe from the evidence, beyond a reasonable doubt, that the defendant, Alex Gonzales, immediately before the difficulty then and there did some act, or used some language, or did both, if any, with the intent to produce the occasion to bring on the difficulty and kill Ida Lee Delaney, and that such words and conduct on the defendant’s part, if there was such, were reasonably calculated to, and did provoke a difficulty, and that on such account the said Ida Lee Delaney attacked the defendant, or reasonably appeared to the defendant to so attack him, or to be about to attack him, and that the defendant then killed the said Ida Lee Delaney, in pursuance of his original design, if you find there was such, or if the defendant provoked the difficulty that resulted in the death of the deceased, and by his own wrongful act, if any, produced a necessity for taking the life of the deceased, and you so find beyond a reasonable doubt, you will find against the defendant’”
1 later decision quote this exact passagee.g. Gonzales v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.