State v. Tapio’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. “FACTUAL TEST Where a request has been made to charge the jury on a lesser-included offense, the duty of the trial judge is determined by the evidence. If evidence had been present which would support a conviction of a lesser charge, refusal to give the requested instruction would be reversible error_ There must be sufficient evidence, however, when read in the light most favorable to the defendant, which would justify a jury in concluding that the greater offense was not committed and that a lesser offense was in fact committed.”

   3 later decisions quote this exact passage
   e.g. State v. Charger · State v. Marshall

2. “Homicide is manslaughter in the first degree when perpetrated: [[Image here]] (2) Without a design to effect death, and in the heat of passion, but in a cruel and unusual manner; (3) Without a design to effect death, but by means of a dangerous weapon; (4) Unnecessarily, either while resisting an attempt by the person killed to commit aucrime or after such attempt shall have failed.”

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

3. “[His] age, his character, his record as to former crimes, educational background, and mental capacity; the legality or illegality of his arrest; the conditions of his incarceration; delay in arraignment; his removal to a distant jail; prolonged questioning... by the police[.]”

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