McCain v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “However, the fact that it [the butcher’s knife] was in appellant’s pocket during the violent assault could support an inference that appellant’s purpose in having it there at that time, and thus its intended use, was for causing death or serious bodily injury. Similarly, in light of the highly violent manner in which appellant entered the complainant’s house and began beating her, the fact that she could see that he had brought such a knife was sufficient to reasonably place her in fear that he planned to use it on her. At a minimum, the visibility of the knife conveyed to the complainant a greater threat to her safety than would have existed if no knife were visible to her.”

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

2. “Moreover, despite the knife in this case being visible to the complainant and thereby sufficient to create a.reasonable fear in her mind that it would be used on her, we find no authority that the mere visibility of a potentially deadly weapon during an offense is a sufficient use to support a finding that it is a deadly weapon or that it has been used or exhibited in the offense.”

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

3. “Where a knife is not designed solely for the purpose of inflicting death or serious bodily injury, but is capable of causing such, is it nevertheless to be considered a deadly weapon pursuant to V.T.C.A., Penal Code § 1.07(a)(ll)(A), if it is used to threaten or place another in fear of death or serious bodily injury? 2”

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