Avery v. State’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Avery’s past criminal record and behavior shows a conscious course of conduct and instability occurring both before and after E.F.’s birth. Most importantly, the evidence shows that Avery has not altered her behavior since the termination of the earlier parent-child relationship. The trial court, therefore, was correct in allowing evidence of her convictions and drug use.”). . Cf. Tex. Fam.Code Ann. § 261.001(4)(A) (defining”

   2 later decisions quote this exact passage
   e.g. In Re VV · in the Interest of K.N.D., a Child

2. “Mere imprisonment will not, standing alone, constitute engaging in conduct which endangers the emotional or physical well-being of a child.... [I]f the evidence, including the imprisonment, shows a course of conduct which has the effect of endangering the physical or emotional well-being of the child, a finding under [section 160.001(1)(E)] [24] is supportable.”

   1 later decision quote this exact passage
   e.g. In Re VV