Scott v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The State argues that Roy Gann’s testimony is sufficient to create a fact question for the jury to determine if he is also known as “Ray Gann.” We reject this contention for two reasons. First, the sufficiency of the evidence is determined with reference to the jury charge. The charge requires the jury to find that a jailer named “Ray Gann” was assaulted; unlike Blankenship , nowhere in the charge is mention made of the possibility that Gann is known by another name. Thus, the jury was not authorized to convict Scott on this theory. Second, Gann’s testimony that he had “been confused as Ray before” and that his name was “quite often mistaken” in publications does not establish that he was known, i.e., “generally recognized” by somebody, as “Ray Gann.””

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