Moore v. State’s Empirical Analysis

Citation profile

29 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the lesser offense is closely related to the offense charged; (2) defendant's theory of defense is consistent with a conviction for the related offense; and (3) evidence of the lesser offense exists.”

   3 later decisions quote this exact passage · from the majority
   e.g. Lord v. State · Johnson v. State

2. “[I]n some circumstances, fairness to the defendant requires the district court to instruct the jury on lesser-related offenses. . . . The rationale for requiring an instruction on a lesser-related offense is to give the trier of fact an option “‘other than conviction or acquittal when the evidence shows that the defendant is guilty of some crime but not necessarily the one charged . . . .’””

   2 later decisions quote this exact passage · from the majority
   e.g. Walker v. State · Johnson v. State

3. “fairness to the defendant requires instructions on related but not necessarily included offenses.”

   1 later decision quote this exact passage · from the majority
   e.g. Peck v. State