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← 137 N.M. 1 - State v. Dominguez

State v. Dominguez’s Empirical Analysis

2005

Citation profile

55
cited by 55 later decisions
1
states following
August 2020
most recently cited

55 state decisions

How this case has been cited

Cited by 55 later decisions — most recently August 2020 · most notably State v. Bernal (2006), State v. Franco (2005)

55 state decisions

280200520102020decided

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 Apprendi v. New Jersey · Blakely v. Washington · Blockburger v. United States · Iannelli v. United States · Illinois v. Vitale

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

  1. “Where one statutory provision incorporates many of the elements of a base statute, and extracts a greater penalty than the base statute, it may be inferred that the legislature did not intend punishment under both statutes. If the punishment attached to an offense is enhanced to allow for kindred crimes, these related offenses may be presumed to be punished as a single offense.”
    2 later decisions quote this exact passage
  2. “Absent a clear expression of legislative intent, a court first must apply the Block-burger test to the elements of each statute. If that test establishes that one statute is subsumed within the other, the inquiry is over and the statutes are the same for double jeopardy purposes — punishment cannot be had for both.”
    2 later decisions quote this exact passage
  3. “it would be impossible for [Child] to commit the shooting at a motor vehicle resulting in great bodily harm without also committing an aggravated battery resulting in great bodily harm.”
    1 later decision quote this exact passage

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.