Bailey v. State’s Empirical Analysis
1999
Citation profile
3
cited by 3 later decisions
1
states following
March 2005
most recently cited
3 state decisions
Relationships
Relies on Jackson v. Virginia · Williams v. State · Bigley v. State · Brown v. State · Berry v. State
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where an object is alleged to be a deadly weapon and the evidence does not show that the weapon caused death or serious bodily injury, the State must produce evidence showing the object was both capable of causing serious bodily injury and was displayed or used in a manner which establishes the intent to cause death or serious bodily injury. An object will not qualify as a deadly weapon “unless actually used or intended to be used in such a way as to cause death or serious bodily injury.” Thomas v. State, 821 S.W.2d 616, 620 (Tex.Crim.App.1991). Thus, the focus of the inquiry is not primarily upon an attenuated possibility that the weapon might, if used in a certain manner, be capable of inflicting serious bodily injury or death. Rather, the inquiry must initially focus on the intention of the assailant in wielding the weapon. Id.”
1 later decision quote this exact passagee.g. Bailey v. State“The evidence shows that appellant’s intended use was to beat Cassandra only on her torso, and particularly, on the left side, and only to an extent capable of causing bruising. This is manifest by the localization of Cassandra’s injuries in that area and the voluntariness of the end of this assault. Appellant used the object in the manner he intended. Using the object in this manner, he intended to cause only the injuries actually produced. Those injuries were not serious bodily injuries as defined in the statute. Thus, there is no evidence that, as used, the object was capable of inflicting serious bodily injury necessary to support a deadly weapon finding and an aggravated assault conviction.”
1 later decision quote this exact passagee.g. Bailey v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.