Ex Parte Bailey’s Empirical Analysis

Citation profile

8 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Initial attention is given to the fourth ground of error claiming that Section 19.-02(a)(3) is unconstitutional for vagueness and indefiniteness. The infirmity is contended for on the theory that the Section fails to show what culpable state of mind is required in the commission of the ‘act clearly dangerous to human life that causes the death of an individual.’ The novel contention has not heretofore been decided and, to resolve it, the enactment must be considered with other sections of the penal code, to which the rule of strict construction does not apply. Section 1.05 “From the consideration of these Sections together, it logically follows that because Section 19.02(a)(3) is silent as to, and does not plainly dispense with, the culpable mental state required for the underlying felony committed or attempted, Section 6.02(b) mandates that the culpable mental state shall, as specified in Section 6.02(c) be one of intent, knowledge or recklessness. Upon the establishment of the underlying committed or attempted felony embracing the requisite mental state, Section 19.02(a)(3) then declares that an act which is committed in the course and furtherance of, or in immediate flight from, the underlying committed or attempted felony and which is clearly dangerous to human life and causes death, shall constitute murder. Thus, the culpable mental state for the act of murder is supplied by the mental state accompanying the underlying committed or attempted felony giving rise to the ac”

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

2. “The indictment sets forth all the elements of the statute. We have held, since Standley v. State, 517 S.W.2d 538 (Tex.Cr.App.1975), that only those indictments which fail to set forth an offense will be considered fundamentally defective and susceptible to challenge the first time in a post-conviction writ of habeas corpus. [Citations omitted.]”

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