James 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We would request that the following charge be added to the Penry instruction. [1] ... "Our Penal Code provides that evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried. Therefore, you are instructed that you shall consider temporary insanity caused by voluntary intoxication ... if you find that such temporary insanity existed ... as a factor to be considered in relation to the above instructions...."”

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

2. “Quinones did not raise, nor did we decide, whether he was entitled to an instruction explaining to the jury how it may give effect to any evidence that has potentially mitigating weight and significance independent of its applicability to special issues.”

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