Cunningham v. State’s Empirical Analysis

Citation profile

8 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 8 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 4th day of June, A.D., 1994 in Bexar County, Texas, the defendant, Eugenio Pe-sina, Jr., either acting alone or together with another or others as a party, as that term has heretofore been defined in this charge, did intentionally or knowingly cause the death of an individual, Keith Eugene Barabe, by stabbing the said Keith Eugene Barabe with a deadly weapon, namely: a fork, that in the manner of its use or intended use was capable of causing death or serious bodily injury or that he acted with the intent to promote or assist in the commission of the offense, in that he aided or attempted to aid the other person or persons in the commission of the offense in that he caused the removal of the blood of the deceased from the defendant’s residence, if you so find, or that he removed the personal belongings of the deceased from the defendant’s residence, if you so find, or that he removed the body of the deceased from the defendant’s residence, if you so find, then you will find the defendant guilty of murder as charged in the indictment. Unless you find beyond a reasonable doubt, or if you find a reasonable doubt thereof, you will find the defendant not guilty.”

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

2. “Presumptions in Criminal Cases. The court of appeals shall presume that the venue was proved in the court below ... unless such matters were made an issue in the court below, or it otherwise affirmatively appears to the contrary from the record.”

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