Booker 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. “a person engages in conduct 'intentionally' if, when he engages in the conduct, it is his conscious objective to do so.”

   2 later decisions quote this exact passage
   e.g. McCann v. State · Clay v. State

2. “The crime of attempted murder is defined as follows: A person attempts to commit a murder when, acting with the conscious purpose of killing another person, he engages in conduct that constitutes a substantial step toward killing that person. To convict the Defendant of attempted murder, the State must have proved each of the following elements: The Defendant: 1. acting with the conscious purpose of killing [name victim] 2. did [set out conduct charged as substantial step] 3. which was conduct constituting a substantial step toward the commission of the intended crime of killing [name victim].”

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

3. “there have been cases where, despite clear Spradlin error, we did not vacate an attempted murder conviction because (i) the intent of the perpetrator was not a central issue at trial; (ii) the instructions as a whole sufficiently suggested the requirement of intent to kill; or (iii) both.”

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