18 Cal. 4th 470 - People v. Flood’s Empirical Analysis
1998
Citation profile
18 federal appellate · 482 state decisions
How this case has been cited
Cited by 503 later decisions — most recently August 2021 · most notably 19 Cal. 4th 142 - People v. Breverman (1998), 33 Cal. 4th 1158 - People v. Cole (2004)
18 federal appellate · 482 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Chapman v. State of California · In the Matter of Samuel Winship · Faretta v. California · Arizona v. Fulminante · Estelle v. McGuire
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 503 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““in some circumstances it is possible to determine that although an instruction on a lesser included offense was erroneously omitted, the factual question posed by the omitted instruction was necessarily resolved adversely to the defendant under other, properly given instructions. In such cases the issue should not be deemed to have been removed from the jury’s consideration since it has been resolved in another context, and there can be no prejudice to the defendant since the evidence that would support a finding that only the lesser offense was committed has been rejected by the jury.””
1 later decision quote this exact passage · from the majoritye.g. State v. Molina“those that occur `during the presentation of the case to the jury, and which may therefore be quantitatively assessed in the context of other evidence presented in order to determine whether [the error] was harmless beyond a reasonable doubt.'”
1 later decision quote this exact passage · from the majority“`structural defect[ ] in the constitution of the trial mechanism ... affecting the framework within which the trial proceeds, rather than simply an error in the trial process itself.' [Citation.]”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.