Carter v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The information contained the elements of the crime charged and apprised appellant of what he must be prepared to meet. (Citations omitted) Although the trial court instructed the jury on secret confinement under 21 O.S.1981, § 741(1), this is a separate offense, not a lesser included offense under Section 741(3), because the crime of kidnapping by “secret confinement” contains elements not found within the offense charged of kidnapping by holding “to service against his will.” (Citation omitted) The State did not amend the information to allege kidnapping by “secret confinement” under Section 741(1) after the trial commenced. ... Because the information failed to allege kidnapping by secret confinement, the trial court was without jurisdiction to so instruct. See Smith v. State, 572 P.2d 262, 265 (Okl.Cr.1977).”

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

2. “The Constitution controls over conflicting statutory authority. See Marbury v. Madison, 5 U.S. (1 branch) 137, 2 L.Ed. 60 (1803). The double jeopardy clause of the Fifth Amendment precludes a second trial once a reviewing court finds the evidence legally insufficient and the only just remedy available is a direction of a judgment of acquittal. Burks v. United States, 437 U.S. 1, 18 , 98 S.Ct. 2141, 2150-51 , 57 L.Ed.2d 1 (1978). Id.”

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

3. “... [I]f it appears that the defendant is guilty of an offense although defectively charged in the indictment, the [Court of Criminal Appeals] must direct the prisoner to be returned and delivered over to the jailer of the proper county, there to abide the order of the court in which he was convicted.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Edwards v. State