Tanksley v. State’s Empirical Analysis

Citation profile

6 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “There is no evidence that the [public servant] consented in fact to appellant’s conduct, whether by express words or by other means indicating an apparent consent. The provisions of § 22.06 quoted above do not define effective consent to mean engaging in an occupation having a risk of assault, as appellant apparently contends.... There being no assent by the [public servant] to the conduct of appellant in the present case, § 22.06 was not applicable and appellant was not entitled to a requested instruction thereunder. (Emphasis added)”

   2 later decisions quote this exact passage
   e.g. Amaro v. State · Camp v. State

2. “The victim's effective consent or the actor's reasonable belief that the victim consented to the actor’s conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Reckless Conduct) of this code if: (1) the conduct did not threaten or inflict serious bodily injury;” The commentary explains that the”

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

3. “The victim’s effective consent ... to the actor’s conduct is a defense to prosecution under Section 22.01 (Assault) [or] 22.02 (Aggravated Assault) ... if: * * * * * ⅜ (2) the victim knew the conduct was a risk of: (A) his occupation.”

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