Torres v. State’s Empirical Analysis

Citation profile

2 federal appellate · 60 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A defendant in a homicide prosecution who raises the issue of self-defense may introduce evidence of the deceased’s violent character. The defendant may offer opinion or reputation testimony to prove the deceased acted in conformity with his violent nature. Specific, violent acts of misconduct may be admitted to show the reasonableness of the defendant’s fear of danger, or to show that the deceased was the first aggressor.”

   3 later decisions quote this exact passage · from the majority
   e.g. Johnson v. State · John Anthony Lopez v. State

2. “Proof of specific acts of violence by the victim toward the defendant is often admissible to show hostility, plan, intent to inflict harm, and similar matters. Here the argument is not so much that the acts show character, hence conduct in conformity with character, but rather that the acts shed direct light on more particular aspects of the victim’s outlook or state of mind toward the defendant, and the proof is admissible under FRE 404(b).”

   1 later decision quote this exact passage · from the majority
   e.g. Ex Parte Miller