Thomas v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Therefore, even if you believe from the evidence beyond a reasonable doubt that the defendant caused the death of Raymond Johnson by shooting him with a handgun, as alleged, but you further believe from the evidence or you have a reasonable doubt thereof, that at the time he did so, the defendant reasonably believed from the words or conduct, or both, of the said Raymond Johnson that Raymond Johnson was using or attempting to use unlawful deadly force against him, and that he reasonably believed, as viewed from his standpoint alone, that the use of force and the degree of force used were immediately necessary to protect himself against Raymond Johnson’s use or attempted use of deadly force, and that a reasonable person in the defendant’s situation would not have retreated, you will find the defendant not guilty; or if you have a reasonable doubt as to whether or not the defendant was acting in self defense, as defined herein, on said occasion, then you should give the benefit of the doubt to the defendant and acquit him and say by your verdict “not guilty”. You are instructed, in connection with the right of self defense, that if the defendant was acting in self defense when he shot at the deceased, if he did, then he would have a right to continue shooting his handgun, if he did, at deceased so long as it reasonably appeared to him, at the time, as viewed from his standpoint alone, that all danger had not passed. However, if you believe from the evidence beyond a reasonable ”

   2 later decisions quote this exact passage
   e.g. Lee v. State · Ross v. State

2. ““ ‘5. Now bearing in mind the foregoing instructions, if you believe from the evidence beyond a reasonable doubt, that the defendant, Michael W. Jackson, on or about the 8th day of April, 1976, in the County of Bell, and State of Texas, as alleged in the indictment, did then and there intentionally and knowingly by force, that overcame such earnest resistance as might reasonably have been expected under the circumstances, compel N_J_G_, a female not his wife, to submit to sexual intercourse without her consent, or the said Michael W. Jackson did then and there intentionally or knowingly by threats, that would prevent resistance by a woman of ordinary resolution, compel N_J_G_, a female not his wife, to submit to sexual intercourse without her consent, you will find the defendant guilty of the offense of aggravated rape and so say by your verdict, but if you do not so believe, or if you have a reasonable doubt thereof, you will acquit the defendant and say by your verdict “not guilty” but if you do not so believe, or if you have a reasonable doubt thereof, you will acquit the defendant of the offense of aggravated rape and proceed to consider whether the defendant is guilty of the lesser included offense of rape.’ ””

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

3. “"... when fundamental error in the jury charge is urged, however, it must be determined whether the error was calculated to injure the rights of defendant or whether he had been denied a fair and impartial trial, Article 36.19, V.A.C.C.P., and the charge must be read as a whole. Smith v. State, 541 S.W.2d 831, 839 (Tex. Cr.App.)."”

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