Hernandez v. State’s Empirical Analysis

Citation profile

2 federal appellate · 132 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 134 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Indeed, mental culpability is of such a nature that it generally must be inferred from the circumstances under which a prohibited act or admission occurs”

   2 later decisions quote this exact passage
   e.g. Smith v. State · Braughton, Christopher Ernest

2. “Intent may be inferred from acts, words and conduct of [the] accused.”

   2 later decisions quote this exact passage
   e.g. Nisbett, Rex Allen · In Re SB

3. “Now, if you find from the evidence beyond a reasonable doubt that on or about the 5th day of December, 1989, in Hidalgo County, Texas, Robert Andrew Lookingbill, the defendant, did with the specific intent to cause the death of the said victim in that the said defendant, while in the course of committing or attempting to commit the offense of robbery of Lorenz K. Dannenberg, intentionally strike the said victim with a deadly weapon, to-wit: a metal bar, that in the manner of its use or intended use was capable of causing death or serious' bodily injury, said act amounting to more than mere preparation that tended but failed to effect the commission of the offense intended, then you will find the defendant, Robert Andrew Lookingbill, guilty of attempted capital murder. Unless you so find beyond a reasonable doubt, or if you have a reasonable doubt thereof, you will acquit the defendant of attempted capital murder and next consider whether he is guilty of the lesser offense of murder.”

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