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← 236 Neb. 202 - State v. Garza

State v. Garza’s Empirical Analysis

1990

Citation profile

31
cited by 31 later decisions
2
cited 2 times by the Supreme Court
1
states following
April 2023
most recently cited

29 state decisions

How this case has been cited

Cited by 31 later decisions (2 by the Supreme Court) — most recently April 2023 · most notably Hopkins v. Reeves (1998), State v. Williams (1993)

29 state decisions

2301990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Schmuck v. United States · State v. Jeffries · State v. Hoffman · State v. Lovelace · State v. Sutton

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

  1. “"Under the cognate approach, a defendant may be convicted of a lesser offense that, under the strict statutory-elements approach, is not necessarily committed in the course of committing the greater offense. The lesser offense is related and, hence, `cognate' in the sense that it has several elements in common with the greater offense but may have one or two elements not essential to the greater crime.... ... [T]he cognate-evidence method, focuses on the evidence supporting the charge rather than on the statutory elements or the accusatory pleading."”
    2 later decisions quote this exact passage · from the dissent
  2. “[T]he elements test is far more certain and predictable in its application .... Because the elements approach involves a textual comparison of criminal statutes and does not depend on inferences that may be drawn from evidence introduced at trial, the elements approach permits both sides to know in advance what jury instructions will be available and to plan their trial strategies accordingly. The objective elements approach, moreover, promotes judicial economy by providing a clearer rule of decision and by permitting appellate courts to decide whether jury instructions were wrongly refused without reviewing the entire evidentiary record for nuances of inference.”
    1 later decision quote this exact passage · from the dissent

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.