People v. Cady’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'In deciding whether multiple conviction is proper, a court should consider only the statutory elements.' [Citation.] 'Under the elements test, if the statutory elements of the greater offense include all of the statutory elements of the lesser offense, the latter is necessarily included in the former.' [Citation.] In other words, ' "[i]f a crime cannot be committed without also necessarily committing a lesser offense, the latter is a lesser included offense within the former.”

   3 later decisions quote this exact passage
   e.g. People v. Shiga · People v. Aguayo

2. “[i]f a crime cannot be committed without also necessarily committing a lesser offense, the latter is a lesser included offense within the former.”

   3 later decisions quote this exact passage
   e.g. People v. Shiga · People v. Aguayo

3. “In general, a person may be convicted of, although not punished for, more than one crime arising out of the same act or course of conduct.”

   3 later decisions quote this exact passage
   e.g. People v. Shiga · People v. Aguayo