Rashad v. Burt’s Empirical Analysis
108 F.3d 677 · 1997
Citation profile
10 federal appellate · 33 state decisions
How this case has been cited
Cited by 54 later decisions — most recently July 2019 · most notably State v. Adel (1998), Murr v. United States (2000)
10 federal appellate · 33 state decisions — followed in 10 states
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 Blockburger v. United States · Brown v. Ohio · United States v. Wilson · Mitan v. United States · Ex Parte Nielsen
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“that may constitute the same act or transaction.”
6 later decisions quote this exact passage · from the majority“Blockburger furnishes, we have observed, the “established test” for determining whether successive prosecutions arising out of the same events are for the “same offence”. This test focuses on the statutory elements of the two crimes with which a defendant has been charged, not on the proof that is offered or relied upon to secure a conviction. “If each statute requires proof of a fact that the other does not, the Blockburger test is satisfied, notwithstanding a substantial overlap in the proof offered to establish the crimes.””
3 later decisions quote this exact passage · from the majority““ 'Generally, courts which have considered the issue have determined that separate convictions for possession of the same controlled substance will not violate the Double Jeopardy Clause if the possessions are sufficiently differentiated by time, location, or intended purpose. None of the legitimate bases for differentiating the [several] stashes of cocaine in this case appear to exist. The entirety of the police confrontation with Rashad occurred during the execution of the search warrant for his residence. Both quantities were located at his home and both were seized at essentially the same time and place.’ Rashad v. Burt, 108 F.3d 677 (6th Cir.1997) (discussing state and federal drug possession statutes)...; cf. United States v. Carter, 576 F.2d 1061, 1064 (3d Cir.1978) (holding that two Section 841(a) counts are not multiplici-tous where after making a sale of some heroin, the defendant still retained other heroin for potential future sales); United States v. Maldonado, 849 F.2d 522, 524 (11th Cir.1988) (holding that two Section 841(a) charges are not multiplicitous where each of two simultaneously held stashes of illegal drugs were located in separate counties).”).”
2 later decisions quote this exact passage · from the majority
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.