2 Ohio App. 3d 485 - State v. Gates’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““* * * First, we must determine if attempted theft by threat may be a lesser included offense of robbery. If it may not be, then the trial court could not instruct the jury on that offense since defendant was charged only with robbery. If, on the other hand, it may be a lesser included offense, then we must determine whether, under the facts of this case, the trial court was required to give the requested instruction. “An offense may be a lesser included offense of another only if (1) the offense is a crime of lesser degree than the other, (2) the offense of the greater degree cannot be committed without the offense of the lesser degree also being committed, and (3) some element of the greater offense is not required to prove the commission of the lesser offense. State v. Wilkins (1980), 64 Ohio St. 2d 382, at 384 [ 18 O.O.3d 528 ].””

   1 later decision quote this exact passage
   e.g. 9 Ohio App. 3d 248 - State v. Murphy

2. ““The appellant’s right to due process of law as guaranteed by the Fourteenth Amendment to the United States Constitution was violated where the trial court erroneously refused to instruct the jury on the lesser included offense of trespass.””

   1 later decision quote this exact passage
   e.g. 9 Ohio App. 3d 248 - State v. Murphy