Warren v. State’s Empirical Analysis

Citation profile

2 federal appellate · 34 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The facts of the instant case reflect a criminal act of violence, but it was not a calculated act. The State’s evidence in the form of appellant’s confession shows that appellant went unarmed to the deceased’s house for the purpose of burglarizing the house. There he found a pistol, which he placed in his coat pocket. He was surprised in the bedroom by the deceased, whom he did not know. When the deceased pulled a gun, yelled at him and threatened to kill him, he shot the deceased. The confession reflects appellant was so scared ‘he was going to shoot us that I didn’t know what I was doing. ... I don’t remember shooting him but I was the only one that had a gun.’ The appellant’s story that the deceased pulled a gun is supported by other evidence that the deceased was known to carry a pistol and the fact that his .25 caliber pistol was found at his feet when his body was discovered. Thus, there was no evidence of past violence, no evidence that violence was initially intended during the burglary and no evidentiary predictions of future violence.””

   3 later decisions quote this exact passage
   e.g. Keeton v. State · Kunkle v. State

2. ““This Court has stated that in determining the likelihood of whether or not a defendant would be a continuing threat to society, the jury could consider whether the defendant had a significant criminal record. It could consider the range and the severity of his prior criminal conduct. It could further look to the age of the defendant and whether or not at the time of the commission of the offense he was acting under duress or under the domination of another. It could also consider whether the defendant was under an extreme form of mental or emotional pressure, something less, perhaps, than insanity but more than the emotions of the average man, however inflamed, could withstand.” (Citations omitted.)”

   2 later decisions quote this exact passage
   e.g. Wallace v. State · Huffman v. State

3. ““While there may be cases where the. evidence offered at the guilt stage of the trial may be sufficient to support an affirmative finding to special issue No. 2 under Article 37.071, we conclude under the circumstances of the instant case that the evidence is insufficient.... ””

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