Fuller v. State’s Empirical Analysis

Citation profile

72 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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “that a sufficiency review must encompass `the statutory elements of the offense ... as modified by the charging instrument.'”

   2 later decisions quote this exact passage
   e.g. McAfee v. State · Wheaton v. State

2. “elements of the offense as defined by the hypothetically correct jury charge for the case”

   2 later decisions quote this exact passage
   e.g. Adames, Juan Eligio Garcia · Wheaton v. State

3. “A variance between the wording of an indictment and the evidence presented at trial is fatal only if “it is material and prejudices [the defendant’s] substantial rights.” When reviewing such a variance, we must determine whether the indictment, as written, informed the defendant of the charge against him sufficiently to allow him to prepare an adequate defense at trial, and whether prosecution under the deficiently drafted indictment would subject the defendant to the risk of being prosecuted later for the same crime.”

   1 later decision quote this exact passage
   e.g. Warren v. State