3 Haw. App. 107 - State v. Lincoln’s Empirical Analysis

Citation profile

3 federal appellate · 44 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We agree that murder is not a lesser included offense of murder for hire____There is no offense of “Murder for Hire.” A defendant may be convicted only of an offense included in an offense charged in the indictment or the information. However, the Hawaii Supreme Court. . . held that where an indictment states all the essential elements of the crime of murder, it is better “to include in the indictment the allegations, which if proved, would result in application of a statute enhancing the penalty for the crime committed.” Here, the State did just that, although somewhat inartfully. The indictment gave notice to Lincoln prior to trial that if he were convicted of the Class A felony of murder, and if the jury found that he did it “for Hire,” he could . . . receive an enhanced sentence.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Lincoln · Lincoln v. Sunn

2. “State's Instruction No. 2: Defendant Donald Lester is charged with the offense of Murder by a Hired Killer. A person commits the offense of Murder by a Hired Killer if he intentionally or knowingly causes the death of another person and he is the person hired to kill or the person responsible for the hiring. In order to convict Donald Lester of this crime, the State must prove each element of the crime charged beyond a reasonable doubt. The elements are: 1. That Donald Lester; 2. Did hire another person or persons to kill Michelle Lester; and 3. That the person or persons hired to kill Michelle Lester did intentionally or knowingly cause the death of Michelle Lester. Court's Instruction No. 12: The words "to hire to kill" mean to engage the services of a person or persons to kill for remuneration.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Lester

3. “1. WE, the JURY in the above-entitled cause, find the Defendant GUILTY as charged. 2. WE, the JURY in the above-entitled cause, find the Defendant GUILTY of the reduced offense of Manslaughter. (Due to extreme mental or emotional disturbance.) 3. WE, the JURY in the above-entitled cause, find the Defendant GUILTY of the lesser-included offense of Manslaughter (Reckless). 4. WE, the JURY in the above-entitled cause, find the Defendant NOT GUILTY.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Pinero