MacIas v. State’s Empirical Analysis

Citation profile

13 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 14 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 Gabriel Gonzales, Shawntee Simmons, Markett Warfield, Sherrard Williams, and DeAnthony Walker entered into an agreement to commit the offense of robbery or felony theft, as above defined, of or from Louella Hilton, pursuant to that agreement, they did carry out their conspiracy and that on or about the 20th day of July A.D., 1994, in Bexar County, Texas, while in the course of committing such robbery or felony theft, Gabriel Gonzales intentionally caused the death of Louella Hilton, to-wit: by shooting Louella Hilton with a deadly weapon, namely: a handgun, with the specific intent to kill Louella Hilton, and that the shooting of Louella Hilton was committed in furtherance of the conspiracy, if any, among Gabriel Gonzales, Shawntee Simmons, Markett Warfield, Sherrard Williams, and DeAnthony Walker to rob or to commit felony theft from Louella Hilton, and that the shooting of Louella Hilton by Gabriel Gonzales, if there was such, was done in furtherance of the conspiracy to rob or commit felony theft from Louella Hilton, if any, and was an offense that should have been anticipated by defendant, Markett Warfield, as a result of the carrying out of a conspiracy, then you will find the defendant, Markett Warfield, guilty of capital murder.”

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

2. “[W]hen the statutory definition is not included in the charge, it is assumed the jury would consider the commonly understood meaning in its deliberations. Although error would result where the common meaning is more expansive than the statutory definition, such is not the case with the phrase “in the course of committing theft.” Any possible misunderstanding of the phrase would have been more restrictive than the statutory definition, and could only have been to appellant’s benefit.”

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