State v. Murphrey’s Empirical Analysis

Citation profile

2 district · 12 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]t is not for this court to accept one version of the case over another .... In determining the sufficiency of the evidence to sustain a conviction, it is not the province of this court to resolve conflicts in the evidence, pass on the credibility of witnesses, determine the plausibility of explanations, or weigh the evidence. Such matters are for the trier of fact, and the verdict must be sustained if, taking the view most favorable to the State, there is sufficient evidence to support it.”

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

2. “Since the jury found the defendant guilty of attempted burglary and the instruction told them not to consider the “lesser included offenses hereafter set forth,” we find no prejudice in the instruction. We presume the jury followed the court’s instruction and did not consider any of the purported lesser-included offenses after the defendant was found guilty of the primary charge against him.”

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

3. “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....”

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