4 Cal. 5th 203 - People v. Hicks’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “in the accusatory pleading itself " to require sua sponte instruction on lesser included offenses: "Where the evidence warrants, the rule ensures that the jury will be exposed to the full range of verdict options which, by operation of law and with full notice to both parties, are presented in the accusatory pleading itself and are thus closely and openly connected to the case.”

   1 later decision quote this exact passage
   e.g. People v. Alvarez

2. “prevents either party whether by design or inadvertence, from forcing an all-or-nothing choice between conviction of the stated offense on the one hand, or complete acquittal on the other.”

   1 later decision quote this exact passage
   e.g. People v. Alvarez

3. “would interfere with prosecutorial charging discretion, essentially allowing the defendant, not the prosecutor, to choose which charges are presented to the jury for decision ....”

   1 later decision quote this exact passage
   e.g. People v. Alvarez