State v. DeMary’s Empirical Analysis
1982
Citation profile
4 federal appellate · 70 state decisions
How this case has been cited
Cited by 74 later decisions — most recently March 2014 · most notably Swafford v. State (1991), State v. Meadors (1995)
4 federal appellate · 70 state decisions
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 Barnett v. Malley · State v. Kraul · State v. Duran · State v. Patterson
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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“For the offense to be necessarily included, the greater offense cannot be committed without also committing the lesser offense. In order to determine whether the [lesser offense] is necessarily included in the greater offense ..., the specific [statutory] elements of [the greater and lesser offense] must initially be construed in light of the evidence. The particular facts of each case must then be reviewed in light of the specific elements of each crime. When the evidence justifies the instructions, the proof of such particular circumstances will be determined by a jury.”
1 later decision quote this exact passagee.g. State v. Meadors“[f]or the offense to be necessarily included, the greater offense cannot be committed [ under the facts of the case as alleged in the charging document and supported by the evidence ] without also committing the lesser offense.”
1 later decision quote this exact passagee.g. State v. Meadors“the unlawful touching or application of force to the person of another with intent to injure that person or another.”
1 later decision quote this exact passagee.g. State v. Meadors
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.