State v. Pelfrey’s Empirical Analysis

Citation profile

247 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 247 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a verdict form signed by a jury must include either the degree of the offense of which the defendant is convicted or a statement that an aggravating element has been found to justify convicting a defendant of a greater degree of a criminal offense.”

   20 later decisions quote this exact passage
   e.g. State v. Nethers, 07-Ca-78 (6-4-2008) · State v. Lloyd, 22013 (4-18-2008)

2. “(A) When the presence of one or more additional elements makes an offense one of more serious degree: (1) The affidavit, complaint, indictment, or information either shall state the degree of the offense which the accused is alleged to have committed, or shall allege such additional element or elements. Otherwise such affidavit, complaint, indictment, or information is effective to charge only the least degree of the offense. (2) A guilty verdict shall state either the degree of .the offense of which the offender is found guilty, or that such additional element or elements are present. Otherwise, a guilty verdict constitutes a finding of guilty of the least degree of the offense charged.”

   11 later decisions quote this exact passage
   e.g. State v. Rarden · 173 Ohio App. 3d 532 - State v. Vitteritto

3. “a guilty verdict constitutes a finding of guilty of the least degree of the offense charged.”

   7 later decisions quote this exact passage
   e.g. State v. Nethers, 07-Ca-78 (6-4-2008) · State v. Glass, 89485 (2-7-2008)