Long v. State’s Empirical Analysis

Citation profile

204 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 205 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... number of exhibits offered, their gruesomeness, their detail, their size, whether they are black and white or color, whether they are close-up, whether the body is naked or clothed[, and] ... the availability of other means of proof and the circumstances unique to each individual case....”

   8 later decisions quote this exact passage
   e.g. Kelley v. State · Yates v. State

2. “Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, or needless presentation of cumulative evidence.”

   4 later decisions quote this exact passage
   e.g. Price v. State · Green v. State

3. “A person commits the offense of felony murder if he commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of the individual. Therefore, if you find from the evidence beyond a reasonable doubt that on or about the 30th day of November, 1998, in Harris County, Texas, the defendant, Jonathan David Drew, on or about the 30th day of November, 1998, did then and there unlawfully, while in the furtherance of the commission of the felony of kidnapping of Tina Flood or in immediate flight from the commission of the felony of kidnapping of Tina Flood, the defendant committed an act clearly dangerous to human life that caused the death of Tina Flood, to-wit: by striking Tina Flood with an unknown object; or If you find from the evidence beyond a reasonable doubt that on or about the 30th day of November, 1998, in Harris County, Texas, the defendant, Jonathan David Drew, on or about the 30th day of November, 1998, did then and there unlawfully, while in the furtherance of the commission of the felony of aggravated sexual assault of Tina Flood or in immediate flight from the commission of the felony of aggravated sexual assault of Tina Flood, the defendant committed an act clearly dangerous to human life that caused the death of Tina Flood, to wit: by striking Ti”

   2 later decisions quote this exact passage
   e.g. Contreras v. State · Drew v. State