Earhart v. State’s Empirical Analysis

Citation profile

58 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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The trial court implicitly found that the State offered race-neutral reasons for peremptorily striking veniremember Lang. This Court must accept that finding unless we determine that it is clearly erroneous. Whitsey v. State, 796 S.W.2d 707 (Tex.Cr.App.1989) (opinion on reh’g). Under the clearly erroneous standard, we are to accept the trial court’s account of the evidence if it is plausible in light of the record viewed in its entirety. Anderson v. Bessemer City, 470 U.S. 564, 574-5 , 105 S.Ct. 1504, 1511 , 84 L.Ed.2d 518 (1985). Moreover, because a determination of purposeful discrimination usually depends on assessment of credibility, the content of the explanation and all other relevant surrounding facts and circumstances, the trial court determination is entitled to great deference. Tennard v. State, 802 S.W.2d 678 (Tex.Cr.App.1990).”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Alexander v. State · Cook v. State

2. “(1) whether the conduct of the defendant that caused the death of the deceased was committed deliberately and with the reasonable expectation that the death of the deceased or another would result; (2) whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society; and (3) if raised by the evidence, whether the conduct of the defendant in killing the deceased was unreasonable in response to the provocation, if any, by the deceased.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Wilson v. State · Earhart v. State

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 · from the concurrence
   e.g. Lookingbill v. State