Lowry v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Now bearing in mind the foregoing instructions, if you believe from the evidence beyond a reasonable doubt that on or about the 11th day of August, A.D. 1980, in the County of Harris and State of Texas, the defendant, Augustine Junior Blanco, either acting alone or with Juan Rivera Roman as a party, as that term is hereinbefore defined, did then and there intentionally or knowing by force, that overcame such earnest resistance that might reasonably have been expected under the circumstances, compel Linda Catalina Saladana, a female not the wife of Juan Rivera Roman, to submit to or participate in sexual intercourse with Juan Rivera Roman, without her consent; or the said Augustine Junior Blanco did then and there intentionally or knowingly by threatening imminent infliction of serious bodily injury and death, that would prevent resistance by a woman or ordinary resolution, compel Linda Catalina Saldana, a female not the wife of Juan Rivera Roman, to submit to or participate in sexual intercourse with Juan Rivera Roman, without her consent, you will find the defendant Augustine Junior Blanco, guilty of the offense of aggravated rape and so say by your verdict; but if you do not so find, or if you have a reasonable doubt thereof you will acquit the defendant, Augustine Junior Blanco and say by your verdict “not guilty.” (Emphasis ours)”

   1 later decision quote this exact passage · from the majority
   e.g. Blanco v. State