State v. Cox’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The doctrine is a valuable tool for defendant, prosecutor, and society. From a defendant’s point of view, it provides the jury with an alternative to a guilty verdict on the greater offense. From the prosecutor’s viewpoint, a defendant may not go free if the evidence fails to prove an element essential to a finding of guilt on the greater offense. ... In addition, the punishment society inflicts on a criminal may conform more accurately to the crime actually committed if a verdict on a lesser included offense is permissible.”

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

2. “mutuality of right doctrine, which affords the prosecution the ... opportunity to have the jury receive lesser-included offense instructions.”)). 23 . 11 Del. C. § 636(a)(1). 24 . 11 Del. C. § 635(1). 25 . llDeZ. C. § 632(1). 26 . 11 Del. C. § 231(e). 27 . In granting the State’s request to instruct the jury on the lesser-included offenses, the Superior Court noted:”

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

3. “if the evidence presented is such that a jury could rationally find the defendant guilty of the lesser-included offense and acquit the defendant of the greater offense.”

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