People v. Cooke’s Empirical Analysis

Citation profile

62 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . where, ... the lesser included offense upon which the prosecution requested an instruction is (1) easily ascertainable from the charging instrument, and (2) not so remote in degree from the offense charged that the prosecution’s request appears to be an attempt to salvage a conviction from a case which has proven to be weak, the prosecution may obtain a lesser included offense instruction over the defendant’s objection.””

   3 later decisions quote this exact passage · from the majority
   e.g. People v. Garcia · People v. Barger

2. “(2) If the several offenses are known to the district attorney at the time of commencing the prosecution and were committed within his judicial district, all such offenses upon which the district attorney elects to proceed must be prosecuted by separate counts in a single prosecution if they are based on the same act or series of acts arising from the same criminal episode. Any offense not thus joined by separate count cannot thereafter be the basis of a subsequent prosecution.”

   1 later decision quote this exact passage · from the majority
   e.g. COUNTY COURT IN & FOR CTY. OF EL PASO v. Ruth

3. “It is true that the ... lesser included offense doctrine places some burden upon the defendant to determine the specific charges which have been made against him.... The effectiveness of many constitutional rights of an accused depends upon the self-initiative of the accused.”

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