Davis v. State’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Fjalse imprisonment in the second degree is not a lesser-included offense of kidnapping, pursuant to section 5-1-11[0](b)(1) as it also requires an additional element not required to prove kidnapping. Ark. Code Ann. § 5-1-110 (b)(1); Ark. Code Ann. § 5-11-103 (a). As noted by the State, second-degree false imprisonment contains the language “without lawful authority.” Ark. Code Ann. § 5-11-104 (a). However, kidnapping is different, as no person can consent to it. Second-degree false imprisonment also does not meet the test of section 5—1—11 [0] (b) (2), as committing second-degree false imprisonment is not an attempt to commit | ./kidnapping. Finally, pursuant to section 5—1—11 [0] (b )(3), second-degree false imprisonment is not a lesser-included offense of kidnapping because, as explained- above, the risk of injury is not the only difference between second-degree false imprisonment and kidnapping.[ 1 ]”

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

2. “Appellant did not seek particular relief, such as an admonition to the jury, when the prosecutor educated the jury on different forms of intent. In addition, both parties agreed that the jury panel was satisfactory at the conclusion of voir dire. The trial court was lenient towards both parties by allowing the prosecution to touch on intent, and allowing the defense to educate the jury on justification. Based upon these circumstances, we therefore hold that the trial court did not abuse its discretion, and we affirm on this point.”

   1 later decision quote this exact passage
   e.g. 2011 Ark. App. 533 - McElroy v. State

3. “(1)It is established by proof of the same or less than all the elements required to establish the commission of the offense charged; or (2) It .consists of an attempt to commit the offense charged or to commit an offense otherwise included within it; or (3) 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 or a lesser kind of culpable mental state suffices to establish its commission.”

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