5 canonical passages across 3 cases, quoted by 54 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Cavazos, Abraham.
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | Cavazos, Abraham Anchor | green | “meeting this threshold requires more than mere speculation-it requires affirmative evidence that both raises the lesser-included offense and rebuts or negates an element of the greater offense.” | 15 |
| 2 | SWEED v. State | green | “it is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense, but rather, there must be some evidence directly germane to the lesser-included offense for the finder of fact to consider before an instruction on a lesser-included offense is warr…” | 13 |
| 3 | Cavazos, Abraham | green | “if the proof necessary to establish the charged offense also includes the lesser offense.” | 10 |
| 4 | Bignall v. State | green | “if a defendant either presents evidence that he committed no offense or presents no evidence, and there is no evidence otherwise showing he is guilty only of a lesser included offense, then a charge on a lesser included offense is not required.” | 8 |
| 5 | SWEED v. State | green | “although this threshold showing is low, 'it is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense, but rather, there must be some evidence directly germane to the lesser-included offense for the finder of fact to consider before an instruc…” | 8 |
A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.