Walker v. State’s Empirical Analysis

Citation profile

35 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Now, if you find from the evidence beyond a reasonable doubt that on or about the 19th day of September, 1994, in Hill County, Texas, the Defendant, RUBEN DELEON, did then and there cause bodily injury to DOUGLAS ALAN CHILDS, a public servant, by striking DOUGLAS ALAN CHILDS about the face and head while DOUGLAS ALAN CHILDS was lawfully discharging an official duty and the defendant knew that DOUGLAS ALAN CHILDS was a public servant, and the defendant did use or exhibit a deadly weapon during the commission of the assault, if any, to-wit: a firearm, that in the manner of its use or intended use was capable of causing death or serious bodily injury, as alleged in the first paragraph of the indictment in this cause OR if you now find from the evidence beyond a reasonable doubt that on or about the 19th day of September, 1994, in Hill County, Texas, the defendant, RUBEN DELEON, did then and there, unlawfully, intentionally or knowingly cause serious bodily injury to DOUGLAS ALAN CHILDS, a public servant, by striking DOUGLAS ALAN CHILDS about the face and head while DOUGLAS ALAN CHILDS was lawfully discharging an official duty and the defendant knew that DOUGLAS ALAN CHILDS was a public servant, as alleged in the second paragraph of the indictment, in this cause, then you will find the defendant guilty of AGGRAVATED ASSAULT.”

   4 later decisions quote this exact passage · from the dissent
   e.g. Biggins v. State · Childress v. State

2. “a person is criminally responsible for an offense committed by the conduct of another if ... acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense[.]”

   3 later decisions quote this exact passage · from the dissent
   e.g. Plata v. State · Goff v. State

3. ““The error assigned in the charge of the court, is, in substance, that it does not distinguish and define the degrees of murder. But it must be observed that the mere omission to give instructions is not error. The court is not bound in any case to give instructions not asked for by the party. If the charge of the court was not satisfactory, it was the right of the defendant, or his counsel, to ask such instructions as he thought proper.... It is no objection to the charge of the court, that it supposes the state of fact which the evidence showed really to exist, and deduced the legal conclusion applicable to such state of facts. That is precisely what every charge should do. That is the design and purpose of giving instructions to the jury; it is to inform them respecting the law applicable to the particular case in hand and the more exactly the charge is adapted to the very case, the more likely will the jury be to arrive at a correct conclusion in the application of the law to the fact. Instruction beyond what the facts call for can never subserve any beneficial purpose; and may mislead. The charge should be framed and is to be considered in reference to the facts of the case. [emphasis in original] And we are of opinion that there was nothing in the evidence in this case to call for an exposition of the law upon the degrees of murder.””

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