Forest v. State’s Empirical Analysis

Citation profile

33 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1) Can circumstantial evidence that is subject to two interpretations be "affirmative evidence” of only one of them, thus entitling a defendant to an instruction on a lesser-included offense? 2) Is the failure to instruct the jury on a lesser-included offense actually harmful when the jury "passed” on the lesser-included offenses that were submitted and there is no evidence of jury confusion or misconduct?”

   1 later decision quote this exact passage · from the majority
   e.g. Hudson, Cynthia Ann

2. “intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual.”

   1 later decision quote this exact passage · from the majority
   e.g. Cavazos, Abraham