101 Wash. 2d 349 - State v. Russell’s Empirical Analysis
1984
Citation profile
3 federal appellate · 63 state decisions
How this case has been cited
Cited by 66 later decisions — most recently February 2016 · most notably State v. Ellis (1985), Russell v. Rolfs (1990)
3 federal appellate · 63 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 Arizona v. Washington · United States v. Josef Perez · 94 Wash. 2d 216 - State v. Green · 96 Wash. 2d 739 - State v. Anderson · 97 Wash. 2d 159 - State v. Jones
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“are to protect the defendants from (a) successive prosecutions that can act as a hedge against the risk of an unsympathetic jury at the first trial, (b) a `hold' on the defendant after the defendant has been sentenced, or (c) harassment of the defendant through multiple trials.”
4 later decisions quote this exact passage“as follows: 2 Two or more offenses are related offenses, for purposes of this rule, if they are within the jurisdiction and venue of the same court and are based on the same conduct. The State concedes the two charges here, the first degree robbery and the first degree assault, are based on the same conduct and that the offenses were”
2 later decisions quote this exact passage“As related above, the prosecuting attorney ultimately amended the information on retrial to do more than charge intentional second degree murder under RCW 9A.32.050(1)(a). The information was amended to add felony murder as an "alternative" means of committing second degree murder. ... CrR 4.3(c)(1) defines "related offenses" as follows. Two or more offenses are related offenses, for purposes of this rule, if they are within the jurisdiction and venue of the same court and are based on the same conduct. Clearly, intentional second degree murder and second degree felony murder are intimately connected and thus are related offenses within the above definition.... ... As indicated above, petitioner was charged with intentional second degree murder and with second degree felony murder as an alternative means of committing second degree murder. The jury was instructed that to convict petitioner of intentional second degree murder or the "alternative" second degree felony murder, the jury must be unanimous as to the particular alternative chosen. Unfortunately, the verdict form supplied to the jurors did not distinguish between second degree felony murder and intentional second degree murder. The jurors were authorized to vote guilty or not guilty on the ultimate charge of second degree murder. No provision was made for considering each of the alternatives that composed the charge.”
1 later decision quote this exact passage
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.