Garcia v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Texas statute imposes the local community standard on the first two prongs of the Miller test, and we find that it is in compliance with constitutional requirements. Section 43.21(a)(1) is virtually identical to the format set out in Miller . The first prong, prurient interest, is to be assessed by the average person, applying contemporary community standards to the work as a whole. The second prong is similarly related to the local standard by the definition of "patently offensive" contained in subsection (a)(4): "Patently offensive" means so offensive on its face as to affront current community standards of decency. * * * * * * Subsection (a)(1)(C) requires the absence of values expressed in the third portion of the Miller test. Sections 43.21 and 43.23 are in compliance with constitutional standards and are not overbroad. There is no authority that requires that this State apply the contemporary community standard test to the third prong of the Miller test requiring that the material lack serious literary, artistic, political or scientific value.”

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

2. “Obscene means material that: A. The average person, applying contemporary community standards would find that taken as a whole appeals to the prurient interest in sex; B. Depicts or describes: 1. patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality; or 2. patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals in a state of sexual stimulation or arousal, covered male genitals in a discemibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs; and C. taken as a whole, lacks serious literary, artistic, political, and scientific value.”

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

3. “a criminal statutory presumption must be regarded as `irrational' or `arbitrary,' and hence unconstitutional, unless it can at least be said with substantial assurance that the presumed fact is more likely than not to flow from the proved fact on which it is made to depend”

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