Ex Parte Brown’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Ex parte Beck, 769 S.W.2d 525 (Tex.Crim.App.1989), we held that “any allegation which avers a death was caused by a named weapon or instrument necessarily includes an allegation that the name weapon or instrument was, ⅛ the manner of its use ... capable of causing’ (since it did cause) death.” (footnote omitted) (emphasis in original). More recently, in Eason v. State, 768 S.W.2d 312 (Tex.Crim.App. 1989), we recognized that the Beck, supra, holding applies with equal force in an attempted capital murder case. There the allegation that “appellant did ‘attempt to cause the death ’ by use of a named weapon, necessarily includes an allegation that the named weapon or instrument was, in the manner of its intended use, capable of causing death.” We held in Eason, supra, that such an allegation is sufficient to provide adequate notice that the nature of the weapon alleged in the indictment is an issue to litigate at trial. In the instant case, the felony information alleges that applicant “did then and there intentionally with the specific intent to commit the offense of murder of (complainant), do an act to wit: stab her with a knife.... ” The information, although worded in different fashion than in Eason, supra, put applicant on notice that he was charged with the attempted murder of the complainant through his (then) alleged conduct of stabbing her with a knife. Here, the language “specific intent to commit ... murder ... with a knife” necessarily includes an allegation that ”

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