Gilmore 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. “(1) If you find from the evidence in this case beyond a reasonable doubt that: ... Ricky Levert Franklin ... did wil-fully and unlawfully, cause or attempted to cause bodily injury; to Jessica Renee Nolan ... with a deadly weapon. Then you shall find the defendant ... guilty of aggravated assault as charged.... (2) It is a question of fact for you to determine whether the bottle claimed to have been used by the defendant ... was a deadly weapon in the manner in which it was claimed to have been used to strike the victim in this case. (3) A deadly weapon is defined as any object, article or means which, when used as a weapon under the existing circumstances is reasonably capable of producing or likely to produce death or serious bodily harm upon whom the object, article or means is used.”

   2 later decisions quote this exact passage
   e.g. Fortenberry v. State · Franklin v. State

2. “We review a trial judge’s denial of a lesser-included-offense jury instruction de novo. While “a defendant is entitled to have jury instructions given which present his theory of the case,” we have held that “the court may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in the instructions, or is without foundation in the evidence.” To be entitled to a lesser-included-offense instruction, “a defendant must point to some evidence in the record from which a jury reasonably could find him not guilty of the crime with which he was charged and at the same time find him guilty of a lesser-included offense.” We must view the eyidence in the light most favorable to the defendant, draw all reasonable inferences in his favor, and take into account “that the jury may not be required to believe any evidence offered by the State.” But if no reasonable jury could have found the defendant guilty of the lesser-included offense, we will uphold the denial of the proposed instruction.”

   1 later decision quote this exact passage
   e.g. 171 So. 3d 542 - Ethan M. Smith v. State of Mississippi

3. “A lesser-included offense instruction should be granted unless the trial judge and ultimately this Court can say, taking the evidence in the light most favorable to the accused and considering all the reasonable inferences which may be drawn in favor of the accused from the evidence, that no reasonable jury could find the defendant guilty of a lesser-included offense (conversely, not guilty of at least one essential element of the principal charge).”

   1 later decision quote this exact passage
   e.g. Franklin v. State