State v. Rudd’s Empirical Analysis
2001
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently October 2020
16 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 Neal v. American Telephone & Telegraph Co. · Emigrant Savings Bank v. Cam · State v. Whistnant · State v. Decaro · Rubano v. DiCenzo
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There is no fundamental constitutional right to a jury instruction on every lesser included offense ... rather, the right to such an instruction is purely a matter of our common law.... In State v. Whistnant, 179 Conn. 576 , 588, 427 A.2d 414 (1980), our Supreme Court determined that a lesser included offense instruction should be given when: (1) an appropriate instruction is requested by either the state or the defendant; (2) it is not possible to commit the greater offense, in the manner described in the information or bill of particulars, without having first committed the lesser; (3) there is some evidence, introduced by either the state or the defendant, or by a combination of their proofs, which justifies conviction of the lesser offense; and (4) the proof on the element or elements which differentiate the lesser offense from the offense charged is sufficiently in dispute to permit the jury consistently to find the defendant innocent of the greater offense but guilty of the lesser.”
1 later decision quote this exact passage“It is well settled that [a] proposed instruction on a lesser included offense constitutes an appropriate instruction for purposes of the first prong of Whistnant if it complies with Practice Book [§ 42-18 ].... This court favors adherence to the prescriptions of § 42-18 to further that section's purpose of making instructional requests less confusing.”
1 later decision quote this exact passage“When there are several requests, they shall be in separate and numbered paragraphs, each containing a single proposition of law clearly and concisely stated with the citation of authority upon which it is based, and the evidence to which the proposition would apply....”
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.