Gilbert v. State’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Applying the rationale from Beck, we hold that appellant had sufficient notice that use of a deadly weapon would be a fact issue at his trial. Under § 1.07(a)(ll)(B), a deadly weapon is “anything that in the manner of its use or intended use is capable of causing ... serious bodily injury.” As noted earlier, the indictment alleged that appellant “caused serious bodily injury” to complainant by placing him in hot liquid. This language in the indictment necessarily includes an allegation that the hot liquid in this case, water, was a deadly weapon because “in the manner of its use [the water was capable of] causing] serious bodily injury.” Thus, appellant had sufficient notice that the nature of the weapon alleged in the indictment would be an issue at trial and that the State may seek an affirmative finding on the use of the weapon. 5”

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

2. “[A]ny allegation which avers a death was caused by a named weapon or instrument necessarily includes an allegation that the named weapon or instrument was, “in the manner of its use ... capable of causing” (since it did cause) death.”

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