31 Cal. 3d 263 - People v. Diedrich’s Empirical Analysis

Citation profile

7 federal appellate · 236 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 245 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “He may be found guilty if the proof shows beyond a reasonable doubt that he committed any one or more of such acts, but in order to find the defendant guilty, all the jurors must agree that he committed the same act or acts. It is not necessary that the particular act or acts committed so agreed upon be stated in the verdict.”

   2 later decisions quote this exact passage
   e.g. 187 Cal. App. 3d 410 - People v. Luparello · 141 Cal. App. 3d 786 - People v. Gonzalez

2. “Since the defendant could not, at the time of his trial, have been convicted of [the time-bamd lesser included offense], an instruction on that section would have served no purpose. ... [T]he rule requiring an instruction on lesser included offenses is not to be read as conferring a blanket right without qualification. Quite clearly it refers to offenses for which convictions might be had upon the proof adduced.”

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

3. “The law does not require any specific action to be pending on the date the bribe is received.... The use of the word “may” suggests that payments designed to alter the outcome of any matter that could conceivably come before the official are within the prohibition of the statute.”

   1 later decision quote this exact passage
   e.g. United States v. Frega