Castillo v. State’s Empirical Analysis

Citation profile

1 federal appellate · 54 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is not required that the circumstances should, to a moral certainty, actually exclude every hypothesis that the act may have been committed by another person, but that the hypothesis is a reasonable one consistent with the circumstances and the facts proved. (Citations omitted) Each fact need not point directly and independently to the guilt of the accused, as the cumulative effect of all the incriminating facts may be sufficient to support the evidence. (Citations omitted) However, proof which amounts only to a strong suspicion or mere probability is insufficient.”

   3 later decisions quote this exact passage
   e.g. Johnson v. State · Smith v. State

2. ““First, it must be determined that the extraneous offense evidence is relevant to a material issue in the case other than the defendant’s character. (Footnote omitted). Second, the evidence must possess probative value which outweighs its inflammatory or prejudicial effect.” Plante v. State, 692 S.W.2d 487, 491 (Tex.Cr.App.1985); see also Mann v. State, 718 S.W.2d 741, 743 (Tex.Cr.App.1986); Clark [v. State, 726 S.W.2d 120 (Tex.Cr.App.1986) ] at 122; Williams v. State, 662 S.W.2d 344, 346 (Tex.Cr.App. 1983); Murphy v. State, 587 S.W.2d 718, 722 (Tex.Cr.App.1979).”

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

3. “if raised by the evidence, whether the conduct of the defendant in killing the deceased was unreasonable in response to the provocation, if any, by the deceased.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Harris v. State