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← 157 SO3D 98 - Byers v. State

Byers v. State’s Empirical Analysis

2014

Citation profile

1
cited by 1 later decisions
1
states following
February 2018
most recently cited

1 state decisions

Relationships

Relies on Strickland v. Washington · Blockburger v. United States · Crawford v. Washington · Holly v. State · Powell v. State

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

  1. “Count III required 'proof of a fact' not found in Count I; namely, that [the victim] suffered serious bodily harm in the form of 'severe bruising, abrasions, and lacerations.' " Id. ¶ 17. In the present case, the record shows that Count II of Gill's indictment in Cause No. B2301-13-0120 charged Gill with "unlawfully, willfully[,] and feloniously handl[ing], touch[ing,] or rub[bing] with his hands, the vagina”
    1 later decision quote this exact passage
  2. “[t]he rule plainly states 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.'”
    1 later decision quote this exact passage
  3. “[e]ven though there may be a substantial overlap in the proof supporting the convictions of the different crimes, the Blockburger test is met where each offense requires proof of an element not necessary to the other.”
    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.