People v. Wolfe’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “applied two tests in determining whether an uncharged offense is necessarily included within a charged offense: the 'elements' test and the 'accusatory pleading' test. Under the elements test, if the statutory elements of the greater offense include all of the statutory elements of the lesser offense, the latter is necessarily included in the former. Under the accusatory pleading test, if the facts actually alleged in the accusatory pleading include all of the elements of the lesser offense, the latter is necessarily included in the former.”

   1 later decision quote this exact passage
   e.g. People v. Munoz

2. “'(1) blood-alcohol level above the .08 percent legal limit; (2) a predrinking intent to drive; (3) knowledge of the hazards of driving while intoxicated; and (4) highly dangerous driving.' " ( Wolfe , at pp. 682-683, 229 Cal.Rptr.3d 414 .) "However, 'nowhere does the opinion in Watson state that all of the factors present in that case are necessary to a finding of second degree murder.' " ( Wolfe , at p. 683, 229 Cal.Rptr.3d 414 .) Involuntary manslaughter "is the unlawful killing of a human being without malice,”

   1 later decision quote this exact passage
   e.g. People v. Munoz

3. “Generally, when a defendant is charged with a crime, the trial court must instruct the jury on any lesser included offenses that are supported by the evidence.”

   1 later decision quote this exact passage
   e.g. People v. Munoz