Doyle v. State’s Empirical Analysis

Citation profile

52 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “places the legal duty and responsibility on the trial judge to prepare for a jury a proper and correct charge on the law.”

   2 later decisions quote this exact passage
   e.g. Bryant v. State · Swaim v. State

2. “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 ”

   1 later decision quote this exact passage · from the dissent
   e.g. Ross v. State

3. “We have held that the total failure of the court’s charge to apply the law to the facts infringes two areas of the state and federal constitutions. First, it “goes to the very basis of the cases” and denies “the fair and impartial trial to which (defendants) are entitled under the federal and state Constitutions”; that is, under the due process provisions of the Fourteenth Amendment to the United States Constitution and the due course of law provision in Article 1, Section 19, of the Texas Constitution. Harris v. State, 522 S.W.2d 199, 202 (Tex.Crim.App.1975). Second, the failure of the charge to apply the law to the facts “impairs the right to trial by jury and, there fore, by definition, is ‘calculated to injure the rights of defendant,’... to a trial by jury,” which rights are guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution and Article 1, Section 10, of the Texas Constitution. Williams v. State, 547 S.W.2d 18, 20 (Tex.Crim.App.1977).”

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