Minano v. State’s Empirical Analysis

Citation profile

10 state decisions

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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Alaska courts have rejected the strict statutory elements approach to lesser-included offense instructions and have applied the broader cognate approach. See Elisovsky v. State, 592 P.2d 1221, 1226 (Alaska 1979); Christie v. State, 580 P.2d 310, 320 (Alaska 1978); Wilson v. State, 670 P.2d 1149, 1151 (Alaska App. 1983); Nathaniel v. State, 668 P.2d 851, 854 (Alaska App.1983); Baden v. State, 667 P.2d 1275, 1278 (Alaska App.1983). Under the cognate approach the court must examine the evidence that the state relied on as well as the statutory elements of the offense and determine whether, in the context of the case, it would be possible for the jury to find that the accused had committed the greater offense but not the lesser offense. Rivett v. State, 578 P.2d 946, 947 (Alaska 1978). If a finding of guilt on the greater offense would be inconsistent with acquittal on the lesser, and there is a disputed fact that distinguishes the greater offense from the lesser, an instruction on the lesser offense must be given. Rice v. State, 589 P.2d 419, 420 (Alaska 1979); Wilson v. State, 670 P.2d 1149, 1151 (Alaska App.1983).”

   2 later decisions quote this exact passage
   e.g. Marker v. State · Komakhuk v. State

2. “A person commits the crime of robbery in the first degree if the person violates AS 11.41.510 and, in the course of violating that section or in immediate flight thereafter, that person or another participant (1) is armed with a deadly weapon or represents by words or other conduct that either that person or another participant is so armed; (2) uses or attempts to use a dangerous instrument or represents by words or other conduct that either that person or another participant is armed with a dangerous instrument; or (3) causes or attempts to cause serious physical injury to any person.”

   2 later decisions quote this exact passage
   e.g. Marker v. State · Abdulbaqui v. State

3. “In doubtful situations ... the determinative factor should be whether the option to convict a defendant of a related offense is necessary to insure that the jury is afforded the opportunity to decide all material issues presented by the evidence in accord with the defendant’s theory of the case, where denial of that opportunity might undermine the reasonable doubt standard.”

   2 later decisions quote this exact passage
   e.g. Marker v. State · State v. Minano