Thomas v. State’s Empirical Analysis

Citation profile

5 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. “We agree with the Austin Court of Appeals that criminal trespass is not a lesser included offense of burglary of a vehicle. Cadieux v. State, 711 S.W.2d at 94 . In Cadieux , the Austin court held that “the offense of criminal trespass applies only to real property and does not extend to unauthorized intrusions into motor vehicles.” Id. at 95 . The court reasoned that the purpose behind the criminal trespass offense was to supplement the offense of burglary of a building or habitation by “providing a lesser penalty for an intrusion onto the land or into the building of another that is made without felonious intent.” Id. at 94”

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

2. “In contending that the trial court erred in failing to charge on the lesser included offense of criminal trespass, appellant has assumed his major premise. Criminal trespass, as denounced in Sec. 30.05 of the Penal Code relates to “property” or “a building” and is quite foreign to the offense charged against appellant, the unauthorized use of a vehicle as denounced in Sec. 31.07(a) of the Code. One statute relates to real property, land and buildings, while the other re lates to chattels-boats, airplanes, or motor-propelled vehicles.”

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

3. “(a) A person commits an offense if he enters or remains on property ... of another without effective consent and he ... (2) received notice to depart but failed to do so.”

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