Arevalo 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. “... It logically follows, from the premise that the allegation of an offense includes the implicit allegation of all lesser included offenses, that the State can submit to the jury any combination of the alleged offense and its lesser included offenses even where the State has not explicitly alleged all lesser included offenses. Therefore, we hold that the State can request lesser included offenses to be submitted in the jury charge without satisfying the Royster requirement that there be some evidence that the accused is guilty only of the lesser offense.”

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

2. “the lesser included offense must be included in the proof necessary to establish the offense charged.”

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