State v. Boudreau’s Empirical Analysis
1974
Citation profile
4 district · 66 state decisions
How this case has been cited
Cited by 70 later decisions — most recently June 2013 · most notably 85 Ill. 2d 261 - People of Illinois v. Haron (1981), Sours v. State (1980)
4 district · 66 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 Blockburger v. United States · Gore v. United States · Green v. United States · Atchison, Topeka & Santa Fe Railway Co. v. Reddish · 50 Cal. 2d 245 - People v. Lyons
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[w]here the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not.” Id. at 304 , 52 S.Ct. at 182 , 76 L.Ed. at 309 .”
6 later decisions quote this exact passagee.g. State v. Doyon · State v. Innis““When viewing the elements of the two alleged offenses on the facts of this case, we find the crimes in this particular instance to be essentially the same. In order to prove Boudreau guilty of the assault with a dangerous weapon, it is necessary to prove the same elements as are required to convict him on the charge of the commission of a felony with the use of a firearm. “No proof of any additional facts is required. A loaded revolver is a dangerous weapon per se. Once the elements constituting the assault charge were established, those of the other offense necessarily had been established also.” Id. at 503, 322 A.2d at 629 .”
2 later decisions quote this exact passage““[w]e view the criminal law as being designed primarily to preserve the public peace. The degree of imperturbability or fortitude of a victim, or the unawareness of an intended victim, should not afford a defense to the criminal prosecution of the wrongdoer. The guilt or innocence of a person charged with assault depends entirely upon what the wrongdoer does and intends and not at all upon what the other apprehends, or does not apprehend.” State v. Boudreau, 113 R.I. 497, 500-01 , 322 A.2d 626, 628 (1974).”
2 later decisions quote this exact passagee.g. State v. Speaks · State v. Milazzo
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.