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← 2007 MT 184 - State v. Cech

State v. Cech’s Empirical Analysis

2007

Citation profile

34
cited by 34 later decisions
1
states following
May 2024
most recently cited

34 state decisions

How this case has been cited

Cited by 34 later decisions — most recently May 2024 · most notably Scott Heddings v. State (2011), Lacey v. State (2017)

34 state decisions

200200720102020decided

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

Applies 16 U.S.C. § 1538 (§ 9 of the Endangered Species Act of 1973)

Relies on Blockburger v. United States · United States v. Cortez · Hagan v. State · State v. Beavers · State v. Tadewaldt

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

  1. “"(1) a defendant's conduct constitutes an offense within the jurisdiction of the court where the first prosecution occurred and within the jurisdiction of the court where the subsequent prosecution is pursued; (2) the first prosecution resulted in an acquittal or a conviction; and (3) the subsequent prosecution is based on an offense arising out of the same transaction [as that term is defined in § 46-1-202(23), MCA]."”
    2 later decisions quote this exact passage · from the majority
  2. “"Same transaction" means conduct consisting of a series of acts or omissions that are motivated by: (a) a purpose to accomplish a criminal objective and that are necessary or incidental to the accomplishment of that objective.”
    1 later decision quote this exact passage · from the majority
  3. “offenses arise from the same transaction when a defendant's underlying conduct of each prosecution is motivated by a purpose to accomplish the same criminal objective”
    1 later decision quote this exact passage · from the majority

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.