United States v. Elk’s Empirical Analysis
658 F.2d 644 · 1981
Citation profile
53 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 57 later decisions — most recently August 2016 · most notably United States v. Wagner (1987), United States v. Big Crow (1990)
53 federal appellate · 1 district · 1 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 Glasser v. United States · Sansone v. United States · Keeble v. United States · California v. Civil Aeronautics Board · Sparf v. United States
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) a proper request is made; (2) the elements of the lesser offense are identical to part of the elements of the greater offense; (3) there is some evidence which would justify conviction of the lesser offense; (4) the proof of the element or elements differentiating the two crimes is sufficiently in dispute so that the jury may consistently find the defendant innocent of the greater and guilty of the lesser included offense * * *.”
3 later decisions quote this exact passage · from the majority““[I]t is beyond dispute that a defendant is not entitled to a lesser-included offense instruction unless the evidence adduced at the trial provides a rational basis upon which the jury could find him not guilty of the greater but guilty of the lesser offense.””
3 later decisions quote this exact passage · from the majority“would cause the ordinary reasonable person to act rashly and without deliberation and reflection”
3 later decisions quote this exact passage · from the majority
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.