Oldham v. State’s Empirical Analysis

Citation profile

41 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"the test is whether the language used was manifestly intended or was of such character that the jury would naturally and nee-essarily take it to be a comment on the failure of the accused to testify.... It is not improper for the government to draw attention to the failure or lack of evidence on a point if it is not intended to call attention to the failure of the defendant to testify."”

   8 later decisions quote this exact passage
   e.g. Fortner v. State · Gomez v. State

2. ““* * * The rule in this state is clear that the trial court should only give such instructions as arise from the evidence and that when the evidence shows that the defendant is either guilty or not guilty of the higher grade of the offense, the court is not required to instruct on the lesser offense. [Citing cases.] * * *””

   2 later decisions quote this exact passage
   e.g. Richmond v. State · Jansen v. State

3. “"The test of value as an element of the crime of larceny is the value of the goods at the time and place where they are taken. [Citations.] * * *" Oldham v. State, Wyo., 534 P.2d 107, 109 (1975).”

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