Tarwater v. Cupp’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. “"It told the jurors that they should consider the lesser-included offense only if they did not find petitioner guilty of the first degree offenses beyond a reasonable doubt. The court erred in giving that instruction, because it required the jury to reach a verdict on the offenses charged before considering any lesser included offenses. State v. Martin, 64 Or App 469, 471 , 668 P2d 479 (1983); State v. Ogden, supra . (Emphasis in original)."”

   1 later decision quote this exact passage
   e.g. Tarwater v. Cupp

2. “reversed and remanded with instructions to order new trial on rape and sodomy counts only; minimum sentence vacated; [6] [and] otherwise affirmed”

   1 later decision quote this exact passage
   e.g. Tarwater v. Cupp

3. “petitioner's minimum sentence must be vacated, because it was based in part on the sentences imposed for the rape and sodomy convictions.”

   1 later decision quote this exact passage
   e.g. Tarwater v. Cupp