State v. German’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Even were we to accept Grindheim’s assertion that the offense of endangerment of children was a lesser-included offense, the evidence in this trial would not have supported Grindheim’s conviction of that offense, but rather, would instead have supported Grindheim’s acquittal. Grindheim’s evidence and theory was that some “unknown person” unzipped his sleeping bag and began “messing around” with him in a sexual manner. After he realized what was going on, he asserted that he jumped off the couch, took his sleeping bag, and went out to sleep in the yard. Thus, Grindheim’s evidence and theory does not offer proof of “assisting, promoting or encouraging” a child to engage in sexual conduct pursuant to § 45-5-622(2)(b)(ii), MCA. Therefore, we conclude the District Court did not abuse its discretion in denying Grindheim’s requested lesser-included offense instruction.”

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

2. “[A] trial court need not give an instruction on a lesser-included offense when there is no evidence to support it. A lesser-included offense instruction is not supported by evidence when the defendant's evidence or theory, if believed, would require an acquittal.”

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