784 So. 2d 261 - McDonald v. State’s Empirical Analysis

Citation profile

12 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the original case that unleashed us on [the] journey into non-included[-]offense instructions, the [supreme court] said “whether simple assault is formally a lesser included offense to rape is not the point.” Griffin v. State, 533 So.2d 444, 447 (Miss.1988). With respect for the [supreme court] and the author of that opinion, that should be and had before then been exactly the point. If the elements on the lesser offense are all in the greater offense, then what is in the lesser[-]offense instruction will necessarily have been examined fully in the trial.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Hye v. State · 53 So. 3d 761 - Williams v. State

2. “Whether simple assault is formally a lesser included offense to rape is not the point. We have before us a continuing factual scenario bracketed by a relatively brief period of time .... The facts suggest that Griffin may have been guilty of at least two possible courses of criminal conduct: rape and simple assault, the latter carrying a maximum penalty far less than the former. As the jury may on these facts reasonably have found Griffin guilty of simple assault but not guilty of rape — -without any inconsistency in evidentiary or ultimate findings, it follows that Griffin was of right entitled to have the jury instructed on the lesser offense of simple assault.”

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

3. “No party is entitled to an instruction unless it is supported by the evidence.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Marcus Andrew Walker v. State of Mississippi