Stanifer v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[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 . . . .’””

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

2. “[T]he jury should receive instruction on a lesser-related offense when three conditions are satisfied: (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.”

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