Adams v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Theft as a lesser included offense of aggravated robbery does not fit squarely within art 37.09. It does not fit subsection (1) because theft requires an appropriation of property, Tex.Penal Code Ann. art. 31.-03(a), whereas robbery requires only that a person be in the course of committing theft and have intent to obtain or maintain control of the property. Tex.Penal Code Ann. art. 29.02(a). However, when a defendant requests a jury instruction on a lesser included offense, the Court of Crimi nal Appeals has held that theft is a lesser included offense of aggravated robbery when the state’s evidence shows a completed theft. Campbell v. State, 571 S.W.2d 161, 162 (Tex.Crim.App.1978).... The rule should not be narrower when a defendant pleads guilty by agreement to a reduced charge than it is when a jury is called on to make the guilt determination.”

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