State v. Gray’s Empirical Analysis
2016
Citation profile
1
cited by 1 later decisions
1
states following
March 2017
most recently cited
1 state decisions
Relationships
Relies on State v. Hamdan · 344 So. 2d 1049 - State v. Powers · 159 So. 2d 500 - Belanger v. Employers Mut. Liability Ins. Co. of Wis. · State v. Murray
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.
“• ■ It is ... undisputed that the offense of obstruction of justice/tampering with evidence arose because of the murder. However, obstruction of justice is a separate and distinct offense, with different elements, from second degree murder. While the elements of the offense are not the controlling inquiry, additional facts (different from second degree murder) must be proven to convict the defendant of obstruction of justicé/tamper-ing with evidence. See State v. Powers, supra. ■ Additionally, as in State v. Powers, •supra, -the offense of second degree murder (the offense charged in the amended bill of indictment) had been completed when the facts giving rise to the obstruction charge arose. The testimony presented at the hearing established that the victim had been killed before 'his body was placed in the freezer. Therefore, the facts supporting the obstruction charge—the alleged removal of the freezer to hide or tamper with the fingerprint—necessarily occurred after the murder was committed and would require additional physical and testimonial evidence to prove. Under the reasoning set forth in State v. Powers, supra, the offense of obstruction of justice is not based on the same facts as the offense of second degree murder. Therefore, under Article 576, a new prosecution cannot be instituted. Accordingly, we find that the trial court erred in denying the defendant’s motion to quash. -”
1 later decision quote this exact passage“When i a criminal prosecution is timely instituted in a court of proper jurisdiction and. the prosecution is dismissed by the district attorney with the defendant’s consent, or before the first witness is sworn at the trial on the merits, or the indictment is dismissed by a court for any error, defect, irregularity, or deficiency, a new prosecution for the same offense or for a lesser offense based on the same facts may be instituted within the time established by this Chapter or within six months from the date of dismissal, whichever is longer. A new prosecution shall not be instituted under this article following a dismissal of the prosecution by the district attorney unless the state shows that the dismissal was not for the purpose of avoiding the time limitation for commencement of trial established by Article 578.”
1 later decision quote this exact passage“Upon the expiration of the limitations established by this Chapter, the court shall, upon motion of the defendant, dismiss the indictment. This right of dismissal is waived unless the motion to quash is made prior to trial. If the indictment is dismissed under this article, there shall be no further prosecution against the defendant for the same or a lesser offense based on the same facts. [Emphasis added.]”
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.