State v. Sensenig’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An act or omission which is made punishable in different ways by different provisions of this code may be punished under either of such provisions, but in no case can it be punished under more than one; an acquittal or conviction and sentence under either one bars a prosecution for the same act or omission under any other.”

   2 later decisions quote this exact passage
   e.g. State v. Wimer · State v. Smith

2. “This statute, by its own terms, bars multiple punishments for the same criminal conduct. It goes beyond protection against double jeopardy under the fifth amendment to the United States Constitution and Article 1, Section 13, of the Idaho Constitution. These constitutional provisions refer to jeopardy for the “same offense.” Consequently, they do not prohibit placing an accused in jeopardy on multiple charges so long as the government has the burden of proving for each charge at least one element not common to the other. See Blockburger v. United States, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932). In contrast, I.C. § 18-301 refers to an “act or omission.” Multiple punishments violate the statute if they stem from the same “act”, regardless of whether the offenses require proof of differing elements. State v. Horn, 101 Idaho 192 , 610 P.2d 551 (1980). We have held that multiple convictions for such offenses also contravene the statute. Bates v. State, 106 Idaho 395 , 679 P.2d 672 (Ct.App.1984).”

   1 later decision quote this exact passage
   e.g. State v. Wimer