Jacob v. State’s Empirical Analysis

Citation profile

55 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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““... intentionally, knowingly and recklessly cause bodily injury to [the complainant] by using a deadly weapon, namely, a knife.” The facts required to establish the charged offense are: (1) appellant: (2) intentionally, knowingly or recklessly; (3) caused bodily injury; and, (4) used a deadly weapon.”

   4 later decisions quote this exact passage · from the concurrence
   e.g. Douglas v. State · Farrakhan v. State

2. “(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.”

   3 later decisions quote this exact passage
   e.g. Willie James Mitchell, Jr. v. State · Heiringhoff v. State

3. “[T]he facts required to establish this charged offense [burglary] are that appellant, without the effective consent of the owner, entered a habitation with intent to commit aggravated assault. Under this charged offense, the State is not required to prove that an aggravated assault occurred. Rather, the State must show only that the defendant intended to commit such assault. Contrast an indictment charging burglary under Section 30.02(3), which would require that the State show the commission of an aggravated assault or acts constituting an attempt to commit aggravated assault. While it may be true that when the State proves aggravated assault, the proof shows an intent to commit the assault, under article 37.09(1) 3 , facts showing a completed assault are not “required” to prove the intent to commit such assault. Intent to commit requires less proof. While it certainly may be used to show that intent, it is not legally required because intent to commit can be established by facts showing something less than commission of the offense.... [W]e agree with the Court of Appeals that because evidence showing a completed aggravated assault is not part of the facts legally required to show burglary with intent to commit aggravated assault, under article 37.09(1), aggravated assault is not a lesser included offense of burglary under section 30.02(a)(1).”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Richard Turner v. State · Rangel v. State