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← 2014 SD 67 - State v. Garza

State v. Garza’s Empirical Analysis

2014

Citation profile

16
cited by 16 later decisions
3
states following
February 2023
most recently cited

16 state decisions

Relationships

Relies on Blockburger v. United States · Missouri v. Hunter · Whalen v. United States · Albernaz v. United States · Garrett v. United States

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

  1. “[t]he double jeopardy prohibition in the Fifth Amendment to the United States Constitution, and Article VI, Section 9, of the South Dakota Constitution, "protects against three types of governmental abuses: (1) a second prosecution for the same offense after acquittal; (2) a second prosecution for the same offense after conviction; and (3) multiple punishments for the same offense ."”
    1 later decision quote this exact passage
  2. “we part ways with the federal analysis to the extent that we examine 'only the statutory elements comprising the offenses without regard to how the offenses were charged, how the jury was instructed, or how the underlying proof for the necessary elements was established.' " Id. [¶19.] McMillen argues the circuit court committed error because the proof of "sexual penetration”
    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.