People v. Duncan’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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “possible that the failure to provide any of the elements of the charge may have suggested to the jury that the two charges were tie-barred, i.e., if the jury found defendant guilty of murder, they were then to find defendant guilty of felony-firearm.”

   2 later decisions quote this exact passage · from the majority
   e.g. 2 Cal. 5th 819 - People v. Merritt · People v. Traver

2. “Indeed, this Court has even recognized that a jury is not required to reach consistent verdicts with regard to a felony-firearm charge and the accompanying felony.”

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

3. “a jury's conviction must be set aside where the court omitted instructions on all the elements of an offense”

   1 later decision quote this exact passage · from the majority
   e.g. 2 Cal. 5th 819 - People v. Merritt