Elmore v. State’s Empirical Analysis
1978
Citation profile
273 state decisions
How this case has been cited
Cited by 273 later decisions — most recently January 2013 · most notably Richardson v. State (1999), Sours v. State (1980)
273 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 Blockburger v. United States · North Carolina v. Pearce · Benton v. Maryland · Pinkerton v. United States · Brown v. Ohio
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 273 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The focus of a proper double jeopardy analysis must be on whether or not the offenses to be prosecuted and punished are the same and not whether the offenses spring from the same act or operative circumstances. * * * The ultimate focus is on the identity of the offenses, not on the identity of their source."”
16 later decisions quote this exact passage · from the dissente.g. Riding v. State · Austin v. State“The applicable rule is that, where 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 an additional fact which the other does not.”
16 later decisions quote this exact passagee.g. Hall v. State · Cornes v. State“"In holding that under the Blockburger test a lesser included offense is the same as the greater offense, the Brown court stated: `This test emphasizes the elements of the two crimes.'" "If each requires proof that the other does not, the Blockburger test would be satisfied, notwithstanding a substantial overlap in the proof offered to establish the crimes... ." Ianelli v. U.S., (1975) 420 U.S. 770, 785 , N. 17, 95 S.Ct. 1284 , [1293, n. 17] 43 L.Ed.2d 616 ; and Gore v. U.S. (1958) 357 U.S. 386 , 78 S.Ct. 1280 , 2 L.Ed.2d 1405 .'"”
7 later decisions 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.