State v. Smith’s Empirical Analysis
2003
Citation profile
49 state decisions
How this case has been cited
Cited by 49 later decisions — most recently July 2025 · most notably State v. Deloreto (2003), State v. Tomlin (2003)
49 state decisions
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 United Transportation Union v. Southeastern Pennsylvania Transportation Authority · State v. Whistnant · State v. Sivri · State v. Rodriguez · State v. Falby
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is well settled that [t]here is no fundamental constitutional right to a jury instruction on every lesser included offense.... [ State v. Whistnant , 179 Conn. 576 , 583, 427 A.2d 414 (1980) ]. Rather, the right to such an instruction is purely a matter of our common law. A defendant is entitled to an instruction on a lesser [included] offense if, and only if, the following conditions are met: (1) an appropriate instruction is requested by either the state or the defendant; (2) it is not possible to commit the greater offense, in the manner described in the information or bill of particulars without having first committed the lesser; (3) there is some evidence, introduced by either the state or the defendant, or by a combination of their proofs, which justifies conviction of the lesser offense; and (4) the proof on the element or elements which differentiates the lesser offense from the offense charged is sufficiently in dispute to permit the jury consistently to find the defendant innocent of the greater offense but guilty of the lesser.”
1 later decision quote this exact passage“Although strict compliance with the provisions of § 42-18 is certainly the least perilous method of satisfying Whistnant's first prong, failure to do so is not, by itself, fatal to the defendant's claim. We have deemed the first prong of Whistnant satisfied when the record indicates that the trial court knew the precise point to which the defendant wished to call attention.... Indeed, even partial compliance with § 42-18, accompanied by substantial additional support in the record from either party, such as detailed colloquies with the court and opposing counsel and a postcharge exception, will also satisfy the first prong of Whistnant . This is true as long as the trial court is informed adequately of the factual and legal bases for the instructional request.”
1 later decision quote this exact passage“It is well settled that [a] proposed instruction on a lesser included offense constitutes an appropriate instruction for purposes of the first prong of Whistnant if it complies with Practice Book [§ 42-18 ].... This court favors adherence to the prescriptions of § 42-18 to further that section's purpose of making instructional requests less confusing.”
1 later decision quote this exact passage
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.