Fain v. State’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “correct for the theory of the case presented[.]”

   3 later decisions quote this exact passage
   e.g. Marras v. State · Barber v. State

2. “"In the instant case, no one maintains that the trial court's instruction was correct for `the theory of the case presented.' Instead, in setting forth his insufficient evidence claim for the Court of Appeals, appellant showed that the trial court's instruction was manifestly incorrect. Appellant's claim as presented did not constitute a valid claim of insufficient evidence. The Court of Appeals did not err in addressing instead the predicate claim of jury charge error." 725 S.W.2d at 202 .”

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

3. “could not have both believed the evidence of the prior convictions and their commission, and, at the same time, have found that the second offense was not committed after the first became final,”

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