Dockery v. State’s Empirical Analysis

Citation profile

2 federal appellate · 42 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““You are instructed that no act done by accident is an offense against the law. Therefore, if you believe from the evidence beyond a reasonable doubt that on the occasion in question the defendant, VICTOR RAMIREZ GARCIA, killed the deceased, Hector Jaimes, but you further believe from the evidence or have a reasonable doubt that the shooting was by the accidental discharge of a pistol in the hands of the defendant, or was the result of an accident while the deceased and the defendant were struggling or scuffling for possession of a pistol, then the defendant would not be guilty and should be acquitted. (Defendant specifically requests that should the Court include this Requested Jury Instruction, along with any of the foregoing Requested Jury Instructions, that this Requested Jury Instruction No. 13 be placed in the charge before such other charges dealing with culpable mental states so as not to appear to condition this Instruction on defendant’s not having been mentally culpable or negligent or careless.)””

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

2. ““A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.””

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

3. ““(a) A person commits criminal homicide if he intentionally, knowingly, reck lessly, or with criminal negligence causes the death of an individual. “(b) Criminal homicide is murder, capital murder, voluntary manslaughter, involuntary manslaughter, or criminally negligent homicide.””

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