State v. Gantnier’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In order to assess [a defendant’s] contention that he was entitled to lesser-included-offense instructions, we must resolve three distinct issues: first, whether the formal charge of unlawful sexual contact contains the lesser-inelud-ed offenses, such that the included offenses, as legally defined, are necessarily committed when the offense charged, as legally defined, is committed; second, whether the included offenses carry a lesser penalty than the offense charged; [and] third, whether the lesser-included-offense instructions were required under the facts of [the] ease....”

   1 later decision quote this exact passage
   e.g. State of Maine v. Clifford W. Thornton

2. “[a] lesser-included offense is one that has no elements different from or in addition to the elements of the charged offense, making it impossible to commit the greater offense without having committed the lesser. However, every distinct method of committing the greater offense need not include every element of the lesser offense.”

   1 later decision quote this exact passage
   e.g. State of Maine v. Clifford W. Thornton