Elisovsky v. State’s Empirical Analysis
1979
Citation profile
40 state decisions
How this case has been cited
Cited by 40 later decisions — most recently July 2021 · most notably Tuckfield v. State (1981), Dixon v. State (1980)
40 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 Chapman v. State of California · Parker v. Gladden · United States v. Whitaker · Paterno v. Lyons · State v. Arney
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(c) Conviction of Lesser Offense. The defendant may be found guilty of an offense necessarily included in the offense charged, or of an attempt to commit either the offense charged or the offense necessarily included therein if the attempt is an offense. When it appears that the defendant has committed a crime, and there is reasonable ground of doubt in which of two or more degrees he is guilty, he can be convicted of the lowest of those degrees only.”
4 later decisions quote this exact passage“In the present case, there is a conflict in the testimony as to whether Elisovsky ever intentionally pointed the weapon at any person. The officers testified that he pointed the rifle directly at them. Elisov-sky testified ... that he intended to point the gun at.no one but merely wanted to stand it up alongside the car. [His wife’s] version was that the muzzle of the gun was raised slightly and that she pushed the muzzle to the ground. From this conflicting evidence^] the jury could have believed that the rifle was intentionally pointed at the [officers, but] without malice. Evidence was thus presented that the defendant committed only the lesser offense of careless use of a firearm.”
1 later decision quote this exact passagee.g. Rogers v. State“As the police arrived, Elisovsky was taking his rifle and gear out of the rear of the couple’s station wagon. Both police officers testified that [Elisovsky] pointed the rifle at them[,] and that [his wife] Jackie pushed the muzzle of the gun to the ground. Elisovsky testified that he was taking the rifle and other gear out of the ear for the purpose of spending the night on a friend’s boat and was merely planning to stand the rifle beside the car. Jackie testified that she ... grabbed the barrel of the rifle to push it down, but [she] believed that Elisovsky was only brandishing the gun and had not pointed it at anyone.”
1 later decision quote this exact passagee.g. Rogers v. State
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.