People v. Cornell’s Empirical Analysis

Citation profile

6 federal appellate · 57 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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Except as provided in subsection (2), upon an indictment for an offense, consisting of different degrees, as prescribed in this chapter, the jury, or the judge in a trial without a jury, may find the accused not guilty of the offense in the degree charged in the indictment and may find the accused person guilty of a degree of that offense inferior to that charged in the indictment, or of an attempt to commit that offense.”

   6 later decisions quote this exact passage
   e.g. People v. Mendoza · People v. Smith

2. “the charged greater offense requires the jury to find a disputed factual element that is not part of the lesser included offense and a rational view of the evidence would support it.”

   4 later decisions quote this exact passage
   e.g. People v. Hall · 264 Mich. App. 321 - People v. Apgar

3. “`the lesser offense can be proved by the same facts that are used to establish the charged offense.'”

   3 later decisions quote this exact passage
   e.g. People v. Mendoza · People v. Smith