Phillips v. State’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A contractual agreement was entered into by the Anders and the appellant to build an addition to their house for $20,-791.00 with $6,930.33 down payment. The appellant took some measurements and drew up some plans. There is conflicting testimony as to whether the appellant built some forms for the concrete. However, the Anders and the appellant on several occasions spoke with one another after the down payment was made. The record reveals that the appellant could not perform, as per the contract agreement, and told the Anders on several occasions he was having trouble with getting plumbers to do their job. “The down payment was the property allegedly stolen. It was voluntarily delivered to appellant, so the State necessarily was proceeding on the theory that consent was ineffective due to deception. The record does not reveal any deception by false impression of law or fact, preventing information, transferring or incumbering property under Sec. 31.-01(2)(A)-{D), supra. The only evidence presented was appellant’s failure to perform, which, under Sec. 31.01(2)(E), supra, is not sufficient to prove deception. Therefore, since the down payment was voluntarily given to the appellant pursuant to a contractual agreement and there is insufficient evidence in the record to show the money was obtained by deception, the conviction cannot stand.” Phillips v. State, 640 S.W.2d 293 (Tex.Cr.App.1982).”

   3 later decisions quote this exact passage
   e.g. Taylor, Henry Jr. · Peterson v. State

2. ““(2) ‘Deception’ means: “(A) creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true; “(B) failing to correct a false impression of law or fact ... “(C) preventing another from acquiring information ... “(D) selling or otherwise transferring or encumbering property without disclosing .. . “(E) promising performance that is likely to affect the judgment of another in the transaction and the actor does not intend to perform or knows will not be performed, except that failure to perform the promise in issue, without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed.””

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

3. ““(4) ‘Effective consent’ includes consent by a person legally authorized to act for the owner. Consent is not effective if: “(A) induced by deception or coercion; ...””

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