Foster v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) it is established by proof of the same or less than all the facts required to establish the commission of the offense charged; (2) it differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest suffices to establish its commission; (3) it differs from the offense charged only in the respect that a less culpable mental state suffices to establish its commission; or (4) it consists of an attempt to commit the offense charged or an otherwise included offense.”

   2 later decisions quote this exact passage
   e.g. Morales v. State · Castillo v. State

2. “Therefore, if you find from the evidence beyond a reasonable doubt that on or about the 11th day of March, 1995, in Harris County, Texas, the defendant, Roberto Castillo, did then and there unlawfully, while in the course of committing theft of property owned by Fredy Mendoza and with intent to obtain or maintain control of the property, intentionally, knowingly or recklessly cause bodily injury to Fredy Mendoza; or if you find from the evidence beyond a reasonable doubt that on or about the 11th day of March, 1995, in Harris County, Texas, another person or persons did then and there unlawfully, while in the course of committing theft of property owned by Fredy Mendoza and with intent to obtain or maintain control of the property, intentionally, knowingly or recklessly cause bodily injury to Fredy Mendoza, and that the defendant, Roberto Castillo, with the intent to promote or assist the commission of the offense, if any, solicited, encouraged, directed, aided or attempted to aid the other person or persons to commit the offense, if he did; or ...”

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