State v. Evans’s Empirical Analysis

Citation profile

2 federal appellate · 219 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 229 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “consider whether one offense carries a greater penalty than the other, whether some element of the greater offense is not required to prove commission of the lesser offense, and whether the greater offense as statutory defined cannot be committed without the lesser offense as statutorily defined also being committed.”

   10 later decisions quote this exact passage
   e.g. State v. Hines · State v. Agostini

2. “[E]liminates the implausible scenarios advanced by parties to suggest the remote possibility that one offense could conceivably be committed without the other also being committed. Deem requires a comparison of the elements of the respective offenses in the abstract to determine whether one element is the functional equivalent of the other. If so, and if the other parts of the test are met, one offense is a lesser included offense of the other.”

   3 later decisions quote this exact passage
   e.g. State v. Hines · State v. Brand

3. “'a jury could reasonably find the defendant not guilty of the charged offense, but could convict the defendant of the lesser included offense.'”

   3 later decisions quote this exact passage
   e.g. State v. Coleman-Muse · State v. Scott