Bartholomew v. State’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) it is established by proof of the same or less than all the facts required to establish the commission of the offense charged; (2) it differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest suffices to establish its commission; (3) it differs from the offense charged only in the respect that a less culpable mental state suffices to establish its commission; or (4) it consists of an attempt to commit the offense charged or an otherwise included offense.”

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

2. “An offense is a lesser-included offense of another- offense ... if the indictment for 'the greater-inclusive offense either: 1) alleges all of the elements of the lesser-included offense or 2) alleges elements plus facts (including descriptive aver-ments, such as non-statutory manner and means, that áre alleged for purposes of providing notice) from which all ofithe elements of the lesser-included offense may be deduced.”

   1 later decision quote this exact passage
   e.g. Enrique Sanchez Salazar v. State

3. “Whether one offense bears such a relationship to the offense charged [so as to be considered a lesser-included offense] is an issue which must await a case by case determination, both because the statute defines lesser included offenses in terms of the offense charged and because it defines lesser included offenses in terms of the facts of the case.”

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