People v. Mosko’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Pursuant to People v. Ora Jones, 395 Mich. 379 , 236 N.W.2d 461 (1975), and People v. Chamblis, 395 Mich. 408 , 236 N.W.2d 473 (1975), it is clear that a defendant has a right upon request to have the jury instructed on necessarily included offenses. Further, a defendant has a right upon request to jury instructions on those cognate lesser included offenses which are supported by record evidence. "The automatic instruction rule for necessarily lesser included offenses removed the need for the trial judges to review the record in order to determine whether or not there is evidence to support a verdict on the lesser offenses. Review of the record for evidentiary support is now in order only when the defense requests that the jury be instructed on a cognate lesser included offense." [ Mosko at 501, 495 N.W.2d 534 , quoting Kamin at 493, 275 N.W.2d 777 .]”

   1 later decision quote this exact passage · from the majority
   e.g. People v. Reese

2. “Properly understood, the doctrine of harmless error is perfectly consonant with the purpose and function of an appellate court. Our constitutional mission, as the highest branch of the one court of justice, is to correct errors that have deprived a litigant of a fair trial or have otherwise interfered significantly with the trial's search for truth and a just verdict. With few exceptions, the judgment of a trial court may not be set aside on the ground of error unless there is a determination that the error was not harmless. We see no reason to exclude from this rule errors involving a failure to provide a requested instruction on a necessarily included offense. [ People v. Mosko, 441 Mich. 496, 503 , 495 N.W.2d 534 (1992).]”

   1 later decision quote this exact passage · from the majority
   e.g. People v. Cornell

3. “No judgment or verdict shall be set aside or reversed or a new trial be granted by any court of this state in any criminal case, on the ground of misdirection of the jury, or the improper admission or rejection of evidence, or for any error as to any matter of pleading or procedure, unless in the opinion of the court, after an examination of the entire cause, it shall affirmatively appear that the error complained of resulted in a miscarriage of justice. [Emphasis added.]”

   1 later decision quote this exact passage · from the majority
   e.g. People v. Cornell