State v. White’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The test for determining whether a lesser-included offense exists in this jurisdiction is that a lesser-included offense is one which is necessarily established by proof of the greater offense. To be a lesser-included offense, the elements of the lesser offense must be such that it is impossible to commit the greater without at the same time having committed the lesser. State v. Miller, 215 Neb. 145 , 337 N.W.2d 424 (1983); State v. Ebert, 212 Neb. 629 , 324 N.W.2d 812 (1982); State v. Lovelace, 212 Neb. 356 , 322 N.W.2d 673 (1982).””

   4 later decisions quote this exact passage
   e.g. State v. Baker · State v. Arthaloney

2. “To be a lesser-included offense, the elements of the lesser offense must be such that it is impossible to commit the greater without at the same time having committed the lesser.... . . . [T]he determination of whether an offense is a lesser-included offense is controlled by the elements of the crimes as set forth in the statutes and not by the facts presented in the particular case at issue.”

   1 later decision quote this exact passage
   e.g. State v. Donhauser

3. “As this court has said before, the fact that the elements of the lesser-included offense may be present in a case of the greater offense is not sufficient to invoke the lesser-included offense instruction if it is possible to commit the greater offense without at the same time committing the lesser offense.”

   1 later decision quote this exact passage
   e.g. State v. Donhauser