State v. Stone’s Empirical Analysis
1978
Citation profile
1 federal appellate · 15 state decisions
How this case has been cited
Cited by 17 later decisions (1 by the Supreme Court) — most recently July 2019
1 federal appellate · 15 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Massiah v. United States · Huggins v. Raines · State v. Amsden · State v. Fleming · State v. Billingsley
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A]n offense does not become a lesser included offense because all of the elements of the lesser offense are supported by evidence at the trial. Rather, all elements of the lesser offense must be necessary to establish the greater offense when added to an additional element or elements. In short, the fact that the evidence establishes guilt of the defendant of a lesser crime does not necessarily mean that that crime is a lesser included offense and must be instructed upon.”
5 later decisions quote this exact passagee.g. State v. Weems · State v. Branyon“(1) breaking and entering, (2) any building, etc. , (3) where there are human beings or goods, wares, merchandise or other valuable things kept or deposited.”
2 later decisions quote this exact passage“the defendant recklessly caused physical injury to [the victim] by striking her about the head, or recklessly created a grave risk of serious injury to [the victim] by striking her about the head....” . The defendant points to his testimony that, although he did strike the victim, he did so out of frustration and anger but did not do so to force her to have sexual relations with him against her will. .As the Stone opinion points out, “it could be erroneous for the court to instruct on an offense not specifically charged in the information or indictment unless it is a lesser included offense. This is because a defendant may not be convicted of an offense not charged in the information or indictment.”
1 later decision quote this exact passagee.g. State v. Johnson
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.