Davis 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Before you would be warranted in convicting the defendant of capital murder, you must find from the evidence beyond a reasonable doubt not only that on the occasion in question the defendant was engaged in the commission or attempted commission of the felony offense of aggravated sexual assault of [the victim], but also that during the commission of the aggravated sexual assault or attempted commission thereof, if any, the defendant hit the head of [the victim] against the concrete with the intention of killing her. Unless you find from the evidence beyond a reasonable doubt that the defendant, on said occasion, specifically intended to kill [the victim] when he hit her head against the concrete, if he did, you cannot convict him of the offense of capital murder. In determining the intent of an individual you are instructed that evidence of intent, if any, may be inferred by acts done or words spoken. Now, if you find from the evidence beyond a reasonable doubt that on or about the 25th day of June, 1988, in Dallas County, Texas, the defendant, Domingo Cantu, Jr., did intentionally cause the death of [the victim], an individual, by hitting her head against concrete, and the defendant, Domingo Cantu, Jr., intentionally did cause the death of said [victim], if he did, while the said Domingo Cantu, Jr., was in the course of committing or attempting to commit the offense of aggravated sexual assault of [the victim], as that offense has been previously defined, then you shall find”

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