State v. Smith’s Empirical Analysis

Citation profile

7 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 7 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.”

   3 later decisions quote this exact passage
   e.g. State v. Nelson · State v. Castañeda

2. “as defined by the statute, refers to that term in its ordinary sense, but also includes a course of conduct of such a nature as to amount to a single act, that is, a course of conduct which does not consist of divisible transactions. Compare Garrett v. United States, 471 U.S. 773 , 105 S.Ct. 2407 , 85 L.Ed.2d 764 (1985) (rejecting a single-transaction test for purposes of applying former jeopardy protection contained in the fifth amendment). In determining whether a defendant's conduct is divisible into separate, distinct events, we employ a”

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

3. “a separate and distinct act can be established as the basis for each prosecution, regardless whether the offenses require proof of differing elements.”

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