People v. Gordon’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. “in a case in which the jury has convicted a defendant of an offense higher than an included offense on which there was an instruction, and there is still a lesser included offense on which there was no instruction. In such a case, the selection by the jury of the highest available grade of the offense constitutes a rejection of the next lower included offense and of all lesser offenses included within the latter.”

   2 later decisions quote this exact passage
   e.g. People v. Medina · Mata-Medina v. People

2. “Failure to instruct on an even less serious offense than second-degree murder, in light of the jury’s verdict for the most serious possible offense, does not comport with an inference of prejudice and did not deny the defendant a fair trial.”

   1 later decision quote this exact passage
   e.g. People v. Medina