Murray v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. Did the court of appeals err by applying the cognate-pleading test, which is applicable only in a contested jury trial, to determine whether the offense of misdemeanor forgery is a lesser offense of the charged offense of making a false statement to obtain credit for which a district court can lawfully convict in a plea-bargained guilty plea such as that in this case? 2. Did the court of appeals err by failing to hold appellant estopped from complaining that the trial court's judgment is void because his plea bargained conviction for misdemeanor forgery is not a lesser-included offense of the charged offense where he sought and requested that conviction?”

   1 later decision quote this exact passage
   e.g. Murray, Raymond Desmond

2. “An offense is a lesser included offense if: (1) it is established by proof of the same or less than all the facts required to establish the commission of the offense charged; (2) it differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest suffices to establish its commission; (3) it differs from the offense charged only in the respect that a less culpable mental state suffices to establish its commission; or (4) it consists of an attempt to commit the offense charged or an otherwise included offense.”

   1 later decision quote this exact passage
   e.g. Murray, Raymond Desmond