State v. Dugan’s Empirical Analysis

Citation profile

3 federal appellate · 78 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 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`An offense is lesser included when the greater offense cannot be committed without necessarily committing the lesser offense.'”

   2 later decisions quote this exact passage
   e.g. State v. Cruz · State v. Cheramie

2. ““Forms of verdicts shall be submitted to the jury for all offenses necessarily included in the offense charged, ...””

   2 later decisions quote this exact passage
   e.g. State v. Wise · State v. Celaya

3. “While a total denial of guilty by defendant may give rise to the guilt or innocent situation, for which the state contends, reason persuades us that such is not the case here. See State v. Schroeder, 95 Ariz. 255 , 389 P.2d 255 (1964). The jury might believe the cashier’s story in its entirety, or it might believe the defendant’s story in its entirety. However, on the record, the jury could also believe certain parts of the cashier’s testimony, discounting others, and by believing parts of [the defendant’s] testimony and disbelieving others, could find him guilty of theft and not guilty of robbery, simply because the element of fear was not credibly established. Therefore, the requested instruction to charge the jury on the crime of theft was erroneously refused.”

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