State v. Walker’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “For guidance, we look to the standard that we require concerning a trial court's duty to charge the jury sua sponte with lesser-included offenses. See State v. Denofa, 187 N.J. 24, 42 [ 898 A. 2d 523 ] (2006) ("In setting standards for when the trial court must charge the jury on territorial jurisdiction, we find an apt paradigm in our lesser included-offense jurisdiction."); State v. Robinson, 136 N.J. 476, 489 [ 643 A. 2d 591 ] (1994) (in addressing when court should submit lesser-included offense of attempted passion/provocation manslaughter to jury in absence of request, we stated "that it is only when the facts clearly indicate the appropriateness of that charge that the duty of the trial court arises." (citation and internal quotation marks omitted)). We emphasized in Denofa, supra , that in the absence of a request to charge, "[o]nly if the record clearly indicates a lesser-included charge... must the court give the required instruction." 187 N.J. at 42 [ 898 A. 2d 523 ]. To be sure, when counsel requests such a charge, the court should give the charge if there is a rational basis in the record for doing so. Ibid. In any event, "when the defendant fails to ask for a charge on lesser-included offenses, the court is not obliged to sift meticulously through the record in search of any combination of facts supporting a lesser-included charge." Ibid. We hold that those standards apply when considering whether to charge a jury with the defense to felony murder. That is, if a”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. RT · 438 N.J. Super. 517 - State of New Jersey v. Hugo Fierro

2. “found against defendant on most, if not all, of the four prongs of the [affirmative] defense.” Id. at 90 , 999 A.2d 450 . 4 See State v. Powell, 84 N.J. 305, 319 , 419 A.2d 406 (1980) (acknowledging that when record facts”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Raymond Daniels(073504)

3. “the mistake `was clearly capable of producing an unjust result such that a reasonable doubt is raised as to whether the error led the jury to a result it otherwise might not have reached.'”

   1 later decision quote this exact passage · from the majority
   e.g. 415 N.J. Super. 257 - State v. Ramsey