State v. Boyd’s Empirical Analysis

Citation profile

40 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`"A trial court must instruct the jury on a lesser included offense ` where there is some evidence which would reasonably justify a conviction' of the lesser offense. [Citation omitted.] `If the defendant requests the instructions, the trial court has a duty to instruct the jury regarding all lesser included crimes that are established by the evidence, regardless of whether the evidence is weak or inconclusive.' [Citation omitted.] ` However the duty to so instruct arises only where there is evidence supporting the lesser crime. ' [Citation omitted.]. An instruction on a lesser included offense is not required if the jury could not reasonably convict the defendant of the lesser included offense based on the evidence presented. [Citation omitted]."' State v. Boyd, 281 Kan. 70, 93 , 127 P.3d 998 (2006) (quoting State v. Drennan, 278 Kan. 704, 712-13 , 101 P.3d 1218 [2004])." (Emphasis added.)”

   9 later decisions quote this exact passage
   e.g. State v. Cosby · State v. White

2. ““A trial court is required to instruct on lesser included offenses of felony murder only when the evidence of the underlying felony is weak, inconclusive or conflicting. [Citation omitted.] This is because ‘[a] defendant’s commission of the underlying felony supplies elements which must be absent from the lesser degrees of homicide, and a jury should be instructed only on lesser offenses of which the defendant reasonably may be convicted.’ [Citation omitted.]” State v. Boyd, 281 Kan. 70, 90 , 127 P.3d 998 (2006).”

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