Brasfield v. State’s Empirical Analysis

Citation profile

2 federal appellate · 145 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 154 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““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.)”

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

2. “"It is clear that when criminal conduct, constituting an aggravated feature of an offense may be directed at a person other than the ultimate victim of the crime alleged, the specification of that person is a fact to which the accused is entitled should he request it by timely filed written motion to quash. Cf. Granviel v. State, [ 552 S.W.2d 107 (Tex.Cr.App.)] supra; Goss v. State, [ 580 S.W.2d 587 (Tex. Cr.App.)] supra; see also Vaughn v. State, 530 S.W.2d 558 (Tex.Cr.App.1975). ". . . "We hold that appellant's motion to quash in the instant case entitled him to the allegation of facts sufficient to bar a subsequent prosecution for the same offense and sufficient to give him precise notice of the offense with which he was charged. American Plant Food Corp. v. State, 508 S.W.2d 598 (Tex.Cr.App.1974). This being the case, the trial court committed reversible error in refusing to order the State to disclose the requested fact to appellant."”

   2 later decisions quote this exact passage
   e.g. Silguero v. State · DeVaughn 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 to sustain the jury’s affirmative finding as to special issue No. 2 — that the appellant would commit criminal acts of violence that would be a continuing threat to society.” (Footnote omitted.)”

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