Hall v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Regardless of whether the law of procedural default would have applied in this case if the record showed appellant requested the aggravated assault instruction, the State offers no authority, and we have found none, to support its claim that “appellant should have to show, before he may claim improper submission of aggravated assault as a lesser included offense, that he did not request this instruction in the off-the-record charge conference.” We perceive no reason to place this burden on appellant. The record does not show whether one of the parties requested the instruction, whether the parties jointly requested it, or whether the trial court acted on its own initiative in including it in the charge. Given the silence of the record about who requested the aggravated assault instruction, we will address whether the trial court had jurisdiction to proceed to judgment on the offense of aggravated assault by threat. 4”

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

2. “Article 37.09’s efficacy, as it pertains to due process and notice, lies in its reference to the offense charged and the fact that each variety of lesser included offense does not enlarge upon the offense charged [,] but either restricts or reduces culpability as compared to the offense charged.”

   1 later decision quote this exact passage
   e.g. Willie James Mitchell, Jr. v. State