Ex Parte Herron’s Empirical Analysis

Citation profile

50 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “COUNT THREE ... LUIS VICENTE HERNANDEZ, hereinafter styled Defendant, on or about the 8th day of February, 1996, and before the presentment of this indictment, in Hidalgo County, Texas, did then and there, while in the course of committing theft of property and with intent to obtain or maintain control of said property, intentionally and knowingly threaten and place Eufemia Torres Zamarron, the victim, in fear of imminent bodily injury and death; COUNT FOUR ... LUIS VICENTE HERNANDEZ, hereinafter styled Defendant, on or about the 8th day of February, 1996, and before the presentment of this indictment, in Hidalgo County, Texas, did then and there, intentionally and knowingly by the use of physical force and violence, cause his sexual organ to penetrate the female sexual organ of Eufe-mia Torres Zamarron, the victim, a person not the spouse of the Defendant and without the victim’s consent, and the Defendant intentionally and knowingly, by acts and words, placed the victim in fear that death and serious bodily injury would be imminently inflicted on the victim; COUNT SIX ... LUIS VICENTE HERNANDEZ, hereinafter styled Defendant, on or about the 12th day of January, 1996, and before the presentment of this indictment, in Hidalgo County, Texas, did then and there, while in the course of committing theft of property and with intent to obtain and maintain control of said property, intentionally and knowingly threaten and place Jessica Marlene Rivera, the victim, in fear of imminent”

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

2. “The Double Jeopardy Clause is cast expressly in terms of being twice put in jeopardy, and the Supreme Court of the United States has consistently interpreted that clause to protect an individual from being subjected to the hazards of trial and possible conviction more than once for an alleged offense. The Supreme Court has said that where successive prosecutions are at stake the guarantee of not being twice placed in jeopardy serves a constitutional policy of finality for the defendant’s benefit. This policy protects the accused from attempts to relitigate the facts underlying a prior acquittal and from attempts to secure additional punishment after a prior conviction and sentence. Because applicant was subjected to only one trial, his right to be free from multiple trials for the same offense ... [is] not implicated.”

   1 later decision quote this exact passage
   e.g. Alan Alexander Adame v. State

3. “[Wjhere the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision requires proof of an additional fact which the other does not.”

   1 later decision quote this exact passage · from the dissent
   e.g. David v. State