State v. Ivie’s Empirical Analysis
1998
Citation profile
1 federal appellate · 6 state decisions
How this case has been cited
Cited by 8 later decisions — most recently October 2011
1 federal appellate · 6 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
Applies 10 U.S.C. § 121 · 10 U.S.C. § 815 · 10 U.S.C. § 818 · 10 U.S.C. § 819 · 10 U.S.C. § 820 · 10 U.S.C. § 856 · 10 U.S.C. § 911 · 10 U.S.C. § 918
Relies on Argersinger v. Hamlin · United States v. Halper · Parker v. Levy · Kansas v. Hendricks · Hudson v. United States
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.
““Criminal prosecution” is not defined in the statute. Black’s define prosecution as “[a] criminal action; a proceeding instituted and carried on by due course of law, before a competent tribunal, for the purpose of determining the guilt or innocence of a person charged with a crime.” The meaning of “criminal prosecution” must further be determined from the statutory context in which it is used. RCW 10.43.040 is a double jeopardy statute and “criminal prosecution” is used therein to mean a proceeding to constitute jeopardy under double jeopardy jurisprudence.... [[Image here]] ... Referencing double jeopardy jurisprudence, we note the clause prohibits “multiple punishments for the same offense.” Thus the double jeopardy aspects of our statute focuses on whether the prior proceeding amounts to “punishment.” Meshing the dictionary definition of “criminal prosecution” with its double jeopardy basis we understand “criminal prosecution” to include a proceeding instituted under the rules of law to determine the guilt or innocence of a person accused of a criminal act where such proceeding threatens punishment under double jeopardy jurisprudence.”
2 later decisions quote this exact passagee.g. State v. Ivie · State v. Myers“Whenever, upon the trial of any person for a crime, it appears that the offense was committed in another state or country, under such circumstances that the courts of this state had jurisdiction thereof, and that the defendant has already been acquitted or convicted upon the merits, in a judicial proceeding conducted under the criminal laws of such state or country, founded upon the act or omission with respect to which he is upon trial, such former acquittal or conviction is a sufficient defense. Nothing in this section affects or prevents a prosecution in a court of this state of any person who has received administrative or nonjudicial punishment, civilian or military, in another state or country based upon the same act or omission.”
1 later decision quote this exact passage · from the dissente.g. State v. Stivason“so as to preclude subsequent prosecution by the State of Washington. Instead of looking to congressional intent and federal law to determine whether an Article 15 nonjudicial punishment proceeding is a criminal prosecution, the majority looks to the dictionary. The majority ignores all relevant law and changes the question from whether the military proceeding is a criminal prosecution to whether the proceeding allows a commanding officer to impose punishment. This is faulty analysis, and I therefore respectfully dissent. The issue before us is whether a military Article 15 proceeding is”
1 later decision quote this exact passage · from the dissente.g. State v. Ivie
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.