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← 912 P2D 483 - State v. Lucky

State v. Lucky’s Empirical Analysis

1996

Citation profile

44
cited by 44 later decisions
2
states following
December 2018
most recently cited

44 state decisions

How this case has been cited

Cited by 44 later decisions — most recently December 2018 · most notably State v. Berlin (1997), State v. Walker (1998)

44 state decisions

220199620002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on 79 Wash. 2d 12 - State Ex Rel. Carroll v. Junker · 90 Wash. 2d 443 - State v. Workman · 77 Wash. 2d 649 - In Re Stranger Creek · State v. Jeffries · 111 Wash. 2d 591 - State v. Irizarry

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

  1. “a defendant is entitled to an instruction on a lesser included offense if two conditions are met. First, each of the elements of the lesser offense must be a necessary element of the offense charged. Second, the evidence in the case must support an inference that the lesser crime was committed.”
    5 later decisions quote this exact passage
  2. “[I]f, when viewed from a perspective where only the statutory elements are considered, it is possible to commit the "greater offense" without necessarily committing the purported lesser offense, an instruction on the lesser offense is not warranted. The logical consequence of this rule is that whenever there are alternative means of committing a "greater" crime, there can be no lesser included offense unless the alternative means each overlap to the extent that they are not mutually exclusive.”
    3 later decisions quote this exact passage
  3. “A person is guilty of vehicular assault if he operates or drives any vehicle: (a) In a reckless manner, and this conduct is the proximate cause of serious bodily injury to another; or (b) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502, and this conduct is the proximate cause of serious bodily injury to another.”
    2 later decisions quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.