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← 520 SW2D 891 - Esparza v. State

Esparza v. State’s Empirical Analysis

1975

Citation profile

23
cited by 23 later decisions
1
states following
September 2005
most recently cited

23 state decisions

How this case has been cited

Cited by 23 later decisions — most recently September 2005

23 state decisions

1201975198019902000decided

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 Thompson v. State · Stiles v. State · Graham v. State · Gavia v. State · Palafox 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(1) “You are instructed no acts done in attempt to resuscitate April Dawn are criminal conduct. Any injury she may sustain during resuscitation would not be the result of a criminal act, therefore if you believe from the evidence or if you have a reasonable doubt that the deceased received injury from the defendant that resulted in her death while attempting resuscitation then the defendant would not be guilty and should be acquitted.” (2) “You are instructed that if you find that the deceased April Dawn Peters, died from injuries sustained in attempting to resuscitate her, then the defendant would not be guilty as charged in the indictment, or if you find the facts so to be, or if you have a reasonable doubt thereof you will acquit the defendant and find him not guilty.””
    1 later decision quote this exact passage
  2. ““By charging the jury only on the defensive theory of accident, as was done here, the court left the jury no alternative but to convict the appellant of murder with or without malice, or to acquit him. . “If the facts raise the issue of negligent homicide, then a charge on that subject, if properly requested, must be given. If the accused requests charges on both accident and negligent homicide, and there is any doubt in the court’s mind as to which issue should be submitted, the accused should be given the benefit of that doubt with charges on both being submitted.””
    1 later decision quote this exact passage
  3. ““It is true that a number of opinions by this Court have stated that as a general rule a charge on negligent homicide is not required when a proper charge on accident is given . . . While ordinarily a clear defense of accident will not raise the issue of negligent homicide, this will not invariably be the case. When the issue is raised, . . . the accused is entitled to benefit from a charge on the subject.””
    1 later decision quote this exact passage

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.