State v. Hammang’s Empirical Analysis

Citation profile

10 state decisions

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

1. “* * * The legislature intended in ORS 131.515 to do two distinct things. In subsection (1) they restated the constitution which, up to that time, had been held to prohibit only multiple prosecutions based upon the `same evidence.' In subsection (2) they went further, disallowing the separate prosecution of two or more offenses growing out of the same criminal episode. * * *”

   1 later decision quote this exact passage
   e.g. State v. Knowles

2. “Subsection (2) states the general policy that a person shall not be unnecessarily subject to multiple trials. Generally this idea has been attached to the double jeopardy clause under the so-called `same transaction' test. Here, the consideration of fair trial and due process of law should be ample basis for restricting separate trials for the same criminal episode. * *”

   1 later decision quote this exact passage
   e.g. State v. Knowles

3. “"in order to consider what level of prosecutorial knowledge of the possibility of two or more charges growing out of the same act or transaction is sufficient to bar a second prosecution under our ban on double jeopardy as expressed in State v. Brown, 262 Or. 442 , 497 P.2d 1191 (1972)."”

   1 later decision quote this exact passage
   e.g. State v. Knowles