State v. Shaw’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “necessarily included in the offense with which he is charged in the indictment.”

   2 later decisions quote this exact passage
   e.g. Downs v. State · 990 So. 2d 206 - Colburn v. State

2. “On an indictment for any offense the jury may find the defendant guilty of the offense as charged, or of any attempt to commit the same offense, or may find him guilty of an inferior offense, or other offense, the commission of which is necessarily included in the offense with which he is charged in the indictment, whether the same be a felony or misdemeanor, without any additional count in the indictment for that purpose.”

   1 later decision quote this exact passage
   e.g. 65 So. 3d 295 - Gause v. State

3. “[t]he fact that manslaughter proof is inconsistent with that of murder is of no consequence. `By way of analogy, we consider heat of passion manslaughter a lesser-included offense to the charge of murder, even though that particular form of manslaughter contemplates proof of facts inconsistent with the principal charge of murder.'”

   1 later decision quote this exact passage
   e.g. 993 So. 2d 400 - Simpson v. State