Evans v. State’s Empirical Analysis

Citation profile

2 federal appellate · 15 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"(b) On conclusion of the presentation of the evidence, the court shall submit the following issues to the jury: * * * * * * (3) if raised by the evidence, whether the conduct of the defendant in killing the deceased was unreasonable in response to the provocation, if any, by the deceased."”

   3 later decisions quote this exact passage
   e.g. Johnson v. State · Hernandez v. State

2. “to permit the jury to consider particularized mitigating circumstances”

   2 later decisions quote this exact passage
   e.g. Johnson v. State · Russell v. State

3. “"The sole purpose of the punishment issues is to aid the jury in determining whether the proper punishment is life imprisonment or death. Because, the provocation issue was not submitted, the jury failed to receive adequate guidance in its punishment deliberations, and its consideration of mitigating circumstances was limited. Such a result is contrary to this Court's decision in Jurek v. State [, 522 S.W.2d 934 (Tex.Cr.App.)] and the Supreme Court's decision in Jurek v. Texas . " [12]”

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