170 Conn. App. 254 - State v. Mark’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a] defendant can prevail on a claim of constitutional error not preserved at trial only if all of the following conditions are met: (1) the record is adequate to review the alleged claim of error; (2) the claim is of constitutional magnitude alleging the violation of a fundamental right; (3) the alleged constitutional violation ... exists and ... deprived the defendant of a fair trial; and (4) if subject to harmless error analysis, the state has failed to demonstrate harmlessness of the alleged constitutional violation beyond a reasonable doubt. In the absence of any one of these conditions, the defendant's claim will fail.”

   2 later decisions quote this exact passage
   e.g. 177 Conn. App. 242 - State v. Rivera · 174 Conn. App. 172 - State v. Smith

2. “A defendant's claim that a conviction violated his constitutional right against double jeopardy raises an issue of law; our review of such a claim is plenary.... The United States constitution contains the guarantee that [n]o person shall be ... subject for the same offense to be twice put in jeopardy of life or limb .... The fifth amendment's prohibition of double jeopardy applies to state prosecutions through the due process clause of the fourteenth amendment.... The double jeopardy clause protects against a second prosecution for the same offense following acquittal, a second prosecution for the same offense after conviction and multiple punishments for the same offense.”

   1 later decision quote this exact passage
   e.g. 174 Conn. App. 172 - State v. Smith

3. “[o]ur analysis of double jeopardy claims does not end, however, with a comparison of the offenses. The Blockburger test is a rule of statutory construction, and because it serves as a means of discerning [legislative] purpose, the rule should not be controlling where ... there is a clear indication of contrary legislative intent.”

   1 later decision quote this exact passage
   e.g. 174 Conn. App. 172 - State v. Smith