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← 58 SO3D 30 - Spearman v. State

Spearman v. State’s Empirical Analysis

2011

Citation profile

4
cited by 4 later decisions
1
states following
February 2018
most recently cited

4 state decisions

Relationships

Relies on Johnson v. Zerbst · Rock v. Arkansas · Gilmer v. State · 541 So. 2d 1027 - McGowan v. State · Culberson 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “An attempt has this required proof: (1) an attempt to commit a particular crime, (2) a direct ineffectual act done toward its commission[,] and (3) the failure to consummate its commission. Though those three elements must be proved, the [s]upreme [c]ourt ... ha[s] held that [only] two elements need to be charged: (1) the intent to commit the offense, and (2) an overt act toward its commission.”
    1 later decision quote this exact passage
  2. “[o]ur courts have long held that 'the failure to charge the third element of attempt does not make an indictment defective.'”
    1 later decision quote this exact passage

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.