Silva v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The applicable rule is that where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not.”

   2 later decisions quote this exact passage
   e.g. Timothy S. Nickels v. State · Daniel Ray Bowlsby v. The State of Wyoming

2. “[T]here is only one prudent way for an offer of proof to be made at trial. The attorney who seeks to offer evidence, which has been refused or to which an objection has been upheld, should take the initiative. The offer of proof should then take the form of counsel’s eliciting the proposed testimony directly from the wit ness, or entering the tangible evidence in the record, all outside of the hearing of the jury.”

   1 later decision quote this exact passage
   e.g. Douglas Howard Craft v. The State of Wyoming

3. “one offense is not 'necessarily included in another unless the elements of the lesser offense are a subset of the elements of the charged offense. Where the lesser offense requires an element not required for the greater offense, no instruction is to be given under [Wyoming Rule 31(c) ].”

   1 later decision quote this exact passage
   e.g. Timothy S. Nickels v. State