Colbert v. State’s Empirical Analysis

Citation profile

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

1. “A person commits the offense of voluntary manslaughter if he intentionally causes the death of an individual under the immediate influence of sudden passion arising from an adequate cause. * * * Jfc * * Therefore, if you believe from the evidence beyond a reasonable doubt, that the defendant, Joe Alfred Cevallos, A/K/A Freddie Cevallos, did, in Washington County, Texas, on or about the 28th day of February, 1979, intentionally cause the death of an individual, to wit: Joe Alfred Cevallos, Jr., ... by beating the said Joe Alfred Cevallos, Jr., ... about the head with his fists, and you further find beyond a reasonable doubt that, at the time the death was caused, the defendant was acting under the immediate influence of sudden passion arising from an adequate cause, you will find the defendant guilty of voluntary manslaughter. ...”

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

2. ““Now if you find and believe from the evidence beyond a reasonable doubt that on or about the 15th day of January, 1979, in Cameron County, Texas, the Defendants, Rodolfo Leal & Carlos Cavazos, did intentionally or knowingly cause the death of Jose Amaya by shooting him with a gun or did then and there intend to cause serious bodily injury to the said Jose Amaya and with said intent to cause such injury did commit an act dearly dangerous to human life, to wit, shooting him with a gun, as alleged in the indictment, then you will find the Defendants guilty of Murder. Unless you so find beyond a reasonable doubt, or if you have a reasonable doubt as to whether Defendants are guilty of Murder, then you will acquit them of Murder.” [Emphasis added].”

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

3. “The record thus reveals that appellant had been indicted for murder pursuant to V.T.C.A. Penal Code, Sec. 19.02(a)(1). However, the court’s charge to the jury authorized a conviction under theories of voluntary manslaughter pursuant to Sec. 19.04(a), supra, coupled with both Sec. 19.02(a)(1), supra, and Sec. 19.02(a)(2), supra, whereas the indictment was drafted only under Sec. 19.02(a)(1), supra. The court’s charge therefore authorized the jury to convict appellant under a theory which was not included in the indictment. Under this Court’s holdings in Young v. State, 605 S.W.2d 550 , (Tex.Cr.App.), and Garcia v. State, 574 S.W.2d 133 , (Tex.Cr.App.), such a charge is fundamentally defective.”

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