Thompson v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “in a multi-count indictment where a count qualifies in all regards as a lesser included offense within a greater inclusive offense which is also charged, that count will be presumptively deemed to be a lesser included offense unless the charging document clearly indicates that such is not the case and that other unrelated criminal conduct is intended to be the subject of the count.”

   1 later decision quote this exact passage
   e.g. 238 Md. App. 295 - Middleton v. State

2. ““If the facts could somehow support a finding that there was [an assault] in this case unrelated to the robbery ... the short answer is that such an unrelated [assault] was never charged. If a single [assault] count could somehow support either of two separate [assaults] but not both, then we would have vagueness problems and double jeopardy problems that are mind-boggling.””

   1 later decision quote this exact passage
   e.g. 219 Md. App. 234 - Wallace v. State

3. “[TJhe question of whether certain counts charge crimes that are lesser included offenses within other counts or, on the other hand, charge unrelated criminal conduct, can frequently be resolved within the four comers of the indictment.”

   1 later decision quote this exact passage
   e.g. 181 Md. App. 426 - Rudder v. State