State v. McNitt’s Empirical Analysis
1990
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently January 2014
12 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on State v. Jeffries · State v. Redmon · Lamphere v. State · State v. Goff · State v. Johnson
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.
“When a case is tried to a jury, the determination of whether a particular lesser crime must be submitted as a lesser-included offense of the crime charged may logically begin with the court’s marshaling instruction on the greater offense. The trial court must determine whether if the elements of the greater offense are established, in the manner in which the State has- sought to prove those elements, then the elements of any lesser offense have also necessarily been established. It is not essential that the elements of the lesser offense be described in the statutes in the same manner as the elements of the greater offense.”
1 later decision quote this exact passagee.g. State v. Anderson“It is obvious that when the “impossibility test” is applied, McNitt was entitled to his proposed instruction on the lesser included offense. Sexual abuse in the third degree cannot be committed without also committing the crime of assault with intent to commit sexual abuse.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.