Moore v. State’s Empirical Analysis
1998
Citation profile
1 federal appellate · 100 state decisions
How this case has been cited
Cited by 102 later decisions — most recently February 2018 · most notably Wesbrook v. State (2000), Hall v. State (2007)
1 federal appellate · 100 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Beck v. Alabama · Jurek v. Texas · Lord Electric Co. v. United States · Spaziano v. Florida · Lee v. Brown
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 102 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(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.”
4 later decisions quote this exact passage · from the majoritye.g. Smith v. State · Hudson v. State“(a) A person commits an offense if he causes the death of an individual under circumstances that would constitute murder under Section 19.02 of this code, except that he caused the death under the immediate influence of sudden passion arising from an adequate cause. (b) "Sudden passion” means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation. (c) "Adequate cause” means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection. (d) An offense under this section is a felony of the second degree.”
2 later decisions quote this exact passage · from the majoritye.g. McKinney v. State · Grider v. State“sudden passion” because this passion can arise “out of provocation by the individual killed or another acting with the person killed. Tex. Pen.Code § 19.02(a)(2) (emphasis supplied). Appellant places a great deal of faith in this emphasized phrase, faith that we feel is misguided. A commonsense reading of the definition of “sudden passion” describes the killing of only one person; provocation by the individual killed or another acting with the person killed. The language in this definition is couched in singular terms. Appellant’s contention that the Legislature intended that the defense of”
1 later decision quote this exact passage · from the majoritye.g. Wesbrook v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.