State v. Fleming’s Empirical Analysis

Citation profile

1 federal appellate · 21 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'An instruction on a lesser offense is not proper unless it is impossible to commit the greater without first committing the lesser, for otherwise the lesser is not properly a lesser offense to the greater.... [T]o be a necessarily included offense it is essential that the greater offense include all of the legal and factual elements of the lesser.’”

   2 later decisions quote this exact passage
   e.g. State v. Gobble · State v. Smith

2. ““ ‘If the greater of two offenses includes all the legal and factual elements of the lesser, the greater includes the lesser; but if the lesser offense requires the inclusion of some necessary element not so included in the greater offense, the lesser is not necessarily included in the greater’.””

   2 later decisions quote this exact passage
   e.g. State v. Smith · State v. Stone

3. “with the intent to steal or commit any crime therein.”

   1 later decision quote this exact passage
   e.g. United States v. Naylor