Moss v. State’s Empirical Analysis

Citation profile

59 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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the instant case, we conclude that the testimony of the owner Clark is suffi cient to prove that the house was a habitation when burglarized. It has been rented complete with furniture so that it certainly was adapted for the overnight accommodation of persons. The record is silent as to any utilities. This house was not shown to be a new one which had never been lived in, but one of several houses which Clark ‘rented periodically.’ Clark thought that the tenant Poland had moved some things into the house and after the burglary asked him if ‘he had anything missing.’ Poland’s [This probably should be Clark’s] answer was struck from the record on appellant’s objection. The evidence is sufficient to sustain the conviction.””

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

2. ““We agree with the dissent that the Supreme Court opinions of Greene v. Massey, 437 U.S. 19 , 98 S.Ct. 2151 , 57 L.Ed.2d 15 (1978) and Burks v. United States, 437 U.S. 1 , 98 S.Ct. 2141 , 57 L.Ed.2d 1 (1978) prevent the retrial of the appellant for the offense of burglary of a residence. However, there is nothing in these opinions which would prevent retrial for the offense of burglary of a building. We hold that the appellant may be retried for the offense of burglary of a building.””

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

3. “We have now concluded that we were incorrect in both cases. It is not proper for this Court to speculate on what punishment would have been assessed by either the jury or the judge. This Court by doing so determined the punishment; we were not authorized to determine the punishment in either case. In Jones v. State, 532 S.W.2d 596 (Tex.Cr.App.1976) we should have remanded the cause for the trial court to reassess punishment and to that extent we overrule our decision in that case.”

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