Mitchell v. State’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is well established that special requested charges may be properly refused where the instructions given by the court are adequate and fully protect the accused as to the matters included in the requested charges.””

   2 later decisions quote this exact passage
   e.g. Skidmore v. State · De La Garza v. State

2. ““A person is criminally responsible for an offense commiied by the conduct of another if, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in the furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy. Mere presence at the scene of the crime is not sufficient, however, to establish responsibility. In a prosecution in which a defendant’s criminal responsibility is based on the conduct of another, such defendant may be convicted on proof of commission of the offense and that he was a party to its commission, and it is no defense that the person for whose conduct such defendant is criminally responsible has been convicted of a different offense. A person commits criminal conspiracy if, with the intent that a felony be committed: (1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and (2) he or one or more of them performs an overt act in pursuance of the agreement. An agreement constituting a conspiracy may be inferred from acts of the parties. Bearing these instructions and charges in mind: If you believe and find from the evidence beyond a reasonable doubt that on or about the 28th day of April, 1974, in El Paso County, Texas, in the ”

   1 later decision quote this exact passage
   e.g. Skidmore v. State

3. ““It is a defense to the lesser included offense of Conferring Compensation for Past Official Behavior if the benefit involved was a gift, or other benefit conferred on account of kinship or a personal, professional, or business relationship independent of the official status of the recipient; or a trivial benefit incidental to personal, professional, or business contacts that involves no substantial risk of undermining official impartiality. Now, bearing in mind the foregoing instructions, if you believe from the evidence beyond a reasonable doubt, that the defendant, Alfonso de la Garza, on or about the 21st day of January 1975, in the County of Webb, and State of Texas, as alleged in the indictment, did then and there intentionally or knowingly confer a benefit, to-wit: deliver as a gift current money of the United States to Erasmo Rodarte, a public servant, to-wit: an employee of the Sheriff’s Department of Webb County, Texas, with intent to influence the said Erasmo Rodarte in a specific performance of his official duties, to-wit; to recommend a professional bail bondsman, to-wit: Alfonso de la Garza, when he, the said Erasmo Rodarte was not to recommend a professional bail bondsman while on duty as a jailer at the Webb County Jail, you will find the defendant guilty of the offense of Conferring Compensation for Past Official Behavior and so say by your verdict, but if you do not so believe, or if you have a reasonable doubt thereof, or if you find from the evidence that ”

   1 later decision quote this exact passage
   e.g. De La Garza v. State