Downs v. State’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. “[A] lesser-included-offense instruction should be given unless the trial judge determines, by looking at the evidence in the light most favorable to the accused, and considering all reasonable favorable inferences which may be drawn in favor of the accused from the evidence, that no reasonable jury could find the defendant guilty of the lesser-included[ joffense, and ultimately not guilty of at least one element of the principal charge. Whether the lesser-included-offense instruction is allowed also turns on whether there is an evidentiary basis for it. There must be some evidence to support the lesser-included[ joffense.”

   5 later decisions quote this exact passage
   e.g. Harris v. State · Franklin v. State

2. “the standard of review for challenges to jury instructions is clear[:] [t]he Court does not single out any instruction or take instructions out of context; rather, the instructions are to be read together as a whole. A defendant is entitled to have jury instructions given which present his theory of the case. This entitlement is limited, however, in that the Court is allowed to refuse an instruction which incorrectly states the law, is covered fairly elsewhere in the instructions, or is without foundation in the evidence. Spicer v. State, 921 So.2d 292, 313 (Miss. 2006) (citing Parks v. State, 884 So.2d 738, 746 (Miss.2004)). With regard to [McCune's] claim that he was entitled to a lesser-included offense instruction, we conduct de novo review, as this is a question of law. State v. Shaw, 880 So.2d 296, 298 (Miss.2004) (citing Ostrander v. State, 803 So.2d 1172, 1174 (Miss.2002)).”

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

3. “His one in which all the essential ingredients are contained in the offense for which the accused is indicted.... ” Porter v. State, 616 So.2d 899, 909-10 (Miss.1993). Therefore, by its very definition, a defendant is always on notice of a lesser-included offense. In other words, the superior offense cannot be committed without the lesser-included offense also being committed. See Harper v. State, 478 So.2d 1017, 1021 (Miss.1985) (stating “the lesser-included crime is encompassed within the crime for which the accused is indicted.”).”

   1 later decision quote this exact passage
   e.g. 10 So. 3d 913 - Wallace v. State