Brockway v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A two-pronged test is used to determine whether a charge on a lesser included offense is required. First, the lesser included offense must be included within the proof necessary to establish the offense charged. Second, there must be some evidence in the record that if the defendant is guilty, he is guilty only of the lesser offense.”

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

2. “[i]f the evidence admitted at trial could be interpreted to show that appellant committed robbery but did not use a knife, then appellant would have been entitled to a charge on the lesser offense of robbery. We, however, do not read the victim’s testimony as evidence that appellant, if guilty, is guilty only of the lesser offense.”

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