Phoenix v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) if he would be justified in using force against the other under Section 9.41 of this code; and (2) when and to the degree he reasonably believes the deadly force is immediately necessary; (A) to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, or theft during the nightime from escaping with the property; and (emphasis added) (B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and (emphasis added) (3) he reasonably believes that: (A) the land or property cannot be protected or recovered by any other means; or (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury, (emphasis added)”

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