Newton v. State’s Empirical Analysis

Citation profile

1 federal appellate · 8 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he charge contained certain abstract principles governing the law of aggravated assault, but at no time was there an application of those principles of law to the specific facts of the case.”

   3 later decisions quote this exact passage
   e.g. Sheddan v. State · Washington v. State

2. “Now, if you find from the evidence beyond a reasonable doubt that on or about the 19th day of November, 1983, in Harris County, Texas, the defendant, Clifton Franklin, did then and there unlawfully while in the course of committing theft of property owned by ROBBIE E. RAY, and with intent to obtain and maintain control of the property, intentionally or knowingly threaten or place ROBBIE E. RAY in fear of imminent bodily injury or death, by using or exhibiting a deadly weapon, namely, a firearm, then you will find the defendant guilty of aggravated robbery as alleged in the indictment. Unless you so find from the evidence beyond a reasonable doubt, or if you have a reasonable doubt thereof, you will next consider whether or not the defendant is guilty of the offense of robbery. Now, if you find from the evidence beyond a reasonable doubt that on or about the 19th day of November, 1983, in Harris County, Texas, the defendant, Clifton Franklin, committed the offense of robbery, as defined herein, but you have a reasonable doubt as to whether he exhibited a deadly weapon, namely, a gun, then you will find the defendant guilty of robbery. If you believe from the evidence beyond a reasonable doubt that the defendant is guilty of either aggravated robbery or robbery, but you have a reasonable doubt as to which offense he is guilty, then you must find the defendant guilty of the lesser offense of robbery. If you have a reasonable doubt as to whether the defendant is guilty of any off”

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

3. “However, you are instructed that the facts establishing the existence and accuracy of the chemical analysis, if any, on this same defendant must be proven beyond a reasonable doubt; and, if you have a reasonable doubt as to the existence or accuracy of the chemical analysis, if any, you shall not consider the chemical analysis, if any, for any purpose. Even though you may find the existence and accuracy of the chemical analysis, or, if you should find from the evidence beyond a reasonable doubt that the defendant was intoxicated on the occasion in question, the State must prove beyond a reasonable doubt each of the other elements of the offense charged in the indictment.”

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