115 Wash. 2d 360 - State v. Speece’s Empirical Analysis

Citation profile

35 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A lesser included offense instruction is proper only if each element of the lesser offense is necessarily included in the charged offense and `there is sufficient evidence to support an inference that the lesser crime was committed.'”

   4 later decisions quote this exact passage · from the majority
   e.g. State v. Hall · State v. Keend

2. “instruction did not allow the jury to presume that Keend intended to inflict substantial bodily harm if it found that he intentionally assaulted Reeves. Thus, we find no error. II. Lesser-included Offense ¶ 17 Keend argues that he was denied effective assistance of counsel when his counsel failed to request an instruction on the lesser-included offense of fourth degree assault. [7] He claims that the evidence supports an inference that he did not recklessly inflict substantial bodily harm. We disagree. ¶ 18”

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

3. “It is not enough that the jury might simply disbelieve the State’s evidence. Instead, some evidence must be presented which affirmatively establishes the defendant’s theory on the lesser included offense before an instruction will be given.”

   1 later decision quote this exact passage · from the majority
   e.g. 73 Wash. App. 644 - State v. Gallegos