Bigon v. State’s Empirical Analysis
2008
Citation profile
1 federal appellate · 99 state decisions
How this case has been cited
Cited by 101 later decisions — most recently February 2020 · most notably Harris, Owen Thomas (2011), Littrell v. State (2008)
1 federal appellate · 99 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.
Appellate journey
reviewedthe decision below (from Texas Court of Appeals, 3rd District (Austin))
Relationships
Relies on Jackson v. Virginia · Blockburger v. United States · North Carolina v. Pearce · Missouri v. Hunter · United States v. Dixon
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 101 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) whether the offenses are in the same statutory section; (2) whether the offenses are phrased in the alternative; (3) whether the offenses are named similarly; (4) whether the offenses have common punishment ranges; (5) whether the offenses have a common focus; (6) whether the common focus tends to indicate a single instance of conduct; (7) whether the elements that differ between the two offenses can be considered the same under an imputed theory of liability that would result in the offenses being considered the same under Blockburger ; and (8) whether there is legislative history containing an articulation of an intent to treat the offenses as the same or different for double-jeopardy purposes.”
6 later decisions quote this exact passage · from the majority“Only because the sentences are identical do we have to look to another criteria for determining which offense is the most serious. In this case, we look to the degree of felony for each offense. While the sentences assessed for each of the convictions on this case is the same, felony murder is a first-degree felony, while intoxication manslaughter and manslaughter are second-degree felonies. As such, felony murder is clearly the most serious offense and we affirm the court of appeals’ decision to retain this conviction.”
1 later decision quote this exact passage · from the majority“The focus of the two offenses is the same: the death of an individual. Both offenses are result oriented.”). . Bigon, 252 S.W.3d at 371 -72-(addressing the allowable unit of prosecution for an as- saultive offense and concluding, “In this case, there were two victims, so each victim would constitute a separate offense.”). . Shelby, 448 S.W.3d at 438-39 (”
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.