State v. Rusty Russell’s Empirical Analysis
2008
Citation profile
35 state decisions
How this case has been cited
Cited by 35 later decisions — most recently August 2025 · most notably State v. Gunderson (2010), State v. Rovin (2009)
35 state decisions
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
Relies on Strickland v. Washington · Whitlow v. State · State v. Finley · Commonwealth v. Redline · State v. Gallagher
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although [the defendant] frames the issue as a double jeopardy issue under Article II, Section 25 of the Montana Constitution, we have repeatedly recognized that courts should avoid constitutional issues whenever possible.”
1 later decision quote this exact passage · from the majoritye.g. State v. Ellerbee“is established by proof of the same or less than all the facts required to establish the commission of the offense charged.”
1 later decision quote this exact passage · from the majoritye.g. State v. Ellison“the statutory elements of the offense, not the individual facts of the case.”
1 later decision quote this exact passage · from the majoritye.g. State v. Ellison
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.