Gonzales v. State’s Empirical Analysis

Citation profile

2 federal appellate · 22 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result. Now, if you believe from the evidence beyond a reasonable doubt that in Harris County, Texas, Barney Lee Green II, hereafter styled the defendant, heretofore on or about the 4th day of December, 1990, did then and there unlawfully, intentionally or knowingly cause serious bodily injury to John Drew, by striking John Drew with a bottle; or, if you believe from the evidence beyond a reasonable doubt that in Harris County, Texas, Barney Lee Green II, heretofore on or about December 4, 1990, did then and there unlawfully intentionally or knowingly cause serious bodily injury to John Drew by striking John Drew with a bottle or his hands, then you will find the defendant guilty of aggravated assault as charged in the indictment. Unless you so find from the evidence beyond a reasonable doubt, or if you have a reasonable doubt thereof, you will acquit the defendant of aggravated assault.”

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

2. “(a) A person commits an offense if he causes the death of an individual under circumstances that would constitute murder under Section 19.02 of this code, except that he caused the death under the immediate influence of sudden passion arising from an adequate cause. (b) ‘Sudden passion’ means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation. (c) ‘Adequate cause’ means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection. (d) An offense under this section is a felony of the second degree.”

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

3. “(1) Whether the ultimate issue to which the evidence was relevant was seriously contested; (2) Whether the State had other convincing evidence to establish the ultimate issue to which the evidence was relevant; and (3) Whether the probative value of the evidence was compelling.”

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