Howard v. State’s Empirical Analysis
1979
Citation profile
48 state decisions
How this case has been cited
Cited by 49 later decisions (1 by the Supreme Court) — most recently October 2014 · most notably Beck v. Alabama (1980), State v. Burns (1999)
48 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 Strader v. State · Whitwell v. State · State v. Mellons · 2 Tenn. Crim. App. 552 - Yearwood v. State · Johnson v. State
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A]n offense is necessarily included in another if the elements of the greater offense, as those elements are set out in the indictment, include, but are not congruent with, all the elements of the lesser. If there is evidence to support a conviction for such a lesser offense, it must be charged by the trial judge.”
4 later decisions quote this exact passage · from the dissente.g. State v. Jones · State v. Gilliam“We think a better test was laid down by this Court, speaking through the late Justice Weldon White, in Johnson v. State, 217 Tenn. 234 , 397 S.W.2d 170 (1965): The true test of which is a lesser and which is a greater crime is whether the elements of the former are completely contained within the latter, so that to prove the greater the State must first prove the elements of the lesser. 217 Tenn. at 243 , 397 S.W.2d at 174 .”
2 later decisions quote this exact passage · from the dissente.g. State v. Vance · State v. Boyce“any person to unlawfully enter upon the premises of another, and against his consent, with force amounting to a breach of the peace, or such as is calculated to produce a breach of the peace.”
2 later decisions quote this exact passage · from the dissente.g. State v. Boyce · State v. Smith
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.