Feldman v. State’s Empirical Analysis

Citation profile

1 federal appellate · 81 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 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) it is established by proof of the same or less than all the facts required to establish the commission of the offense charged; (2) it differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest suffices to establish its commission; (3) it differs from the offense charged only in the respect that a less culpable mental state suffices to establish its commission; or (4) it consists of an attempt to commit the offense charged or an otherwise included offense.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Moore v. State · Tovar v. State

2. “A defendant may challenge a veniremember for cause when he or she is alleged to be biased or prejudiced against the defendant or the law on which the State or defendant is entitled to rely.... A trial court must excuse the venire member if such a bias or prejudice would substantially impair the juror's ability to carry out his oath and instructions in accordance with the law.”

   2 later decisions quote this exact passage · from the majority
   e.g. Jacobs v. State · Gonzales v. State

3. “a continuous and uninterrupted chain of conduct occurring over a very short period of time ... in a rapid sequence of unbroken events.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Feldman v. Thaler · Trevino v. State