State v. Davis’s Empirical Analysis

Citation profile

38 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The applicable rule is that where 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.””

   7 later decisions quote this exact passage
   e.g. State v. Morejon · State v. Doyon

2. ““The test centers on the elements of the two crimes with the goal of ascertaining whether each crime charged, notwithstanding a possible factual overlap, requires proof of an element that the other does not Iannelli v. United States, 420 U.S. 770 , 785 n.17, 95 S.Ct. 1284 , 1293-94 n. 17, 43 L.Ed.2d 616 , 627 n.17 (1975). Thus, if each crime requires proof of an additional fact, neither an acquittal nor a conviction of one crime immunizes an accused from prosecution and punishment for the other. If, however, the same evidence suffices to establish both crimes, a defendant may not be prosecuted a second time nor be twice punished.””

   2 later decisions quote this exact passage
   e.g. State v. Ballard · State v. Anil

3. “"No person shall be * * * subject for the same offense to be twice put in jeopardy of life or limb * * *,"”

   2 later decisions quote this exact passage
   e.g. State v. Timms · State v. Donald Young