195 So. 3d 567 - State v. Lodge’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Fifth Amendment to the U.S. Constitution and La. Const. Art. I, § 15 guarantees that no person shall be placed twice in jeopardy for the same offense. “This guarantee protects against a second prosecution for the same offense after acquittal; a second prosecution for the same offense after conviction; and multiple punishments for the same offense.” State v. Childs, 13-0948, p. 2 (La.App. 4 Cir. 1/15/14), 133 So.3d 104, 105 , (citing State v. Smith, 95-0061, p. 3 (La. 7/2/96), 676 So.2d 1068, 1069 . [[Image here]] Louisiana Courts use two tests to determine whether double jeopardy exists: 1) the Blockburger test established by Blockburger v[.] U.S., 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932), and 2) the “same evidence test”, established by State v. Steele, 387 So.2d 1175 (La.1980). Childs , 13-0948, p. 2, 133 So.3d at 106 . Under the Blockburger test: |34where 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
   e.g. 209 So. 3d 793 - State v. Ball