Cherry v. State’s Empirical Analysis
1981
Citation profile
50 state decisions
How this case has been cited
Cited by 52 later decisions — most recently December 2012 · most notably State v. Noriega (1984), 105 Ill. App. 3d 831 - People v. Requena (1982)
50 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 North Carolina v. Pearce · Blackledge v. Perry · United States v. Jamison · United States v. DeMarco · Roberts v. State
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"In analyzing Blackledge and Pearce, we find it is clear that when the prosecution has occasion to file more numerous or more severe charges for the same basic eriminal conduct against an accused after the accused has successfully exercised his statutory or constitutional rights to an appeal, the prosecution bears a heavy burden of proving that any increase in the number or severity of the charges was not motivated by a vindictive purpose. There is no question in the instant case of the increased harshness of the penalty for defendant when the state refiled the two additional charges against him. The defendant's interest here is a substantial one considering both the increased sentence which he received and the addition of two felony convictions to his record." 414 N.E.2d at 805 . (italics in original).”
3 later decisions quote this exact passagee.g. Murphy v. State · Owens v. State“Questions of prosecutorial vindictiveness are not easy to resolve because two antithetical interests are brought into conflict. One is the due process right of the defendant to be free of apprehension that he will be subjected to an increased punishment if he exercises his right to attack his conviction and the other is the substantial discretion traditionally accorded the prosecutor in controlling the decision to prosecute.... [T]here must be a balancing of the defendant’s inter est against that of the state in order to protect both these interests.”
2 later decisions quote this exact passagee.g. Harris v. State · Schiro v. State“"Defendant was originally charged early in 1978, with three counts arising from the instant crime: Count I, rape, a class A felony; Count II, criminal deviate conduct, a class A felony; and Count III, habitual offender. In May, 1978, defendant moved to sever the counts and this motion was granted. The state indicated it would try defendant only on Counts II and III. A jury trial in June, 1978, resulted in a guilty verdiet on Count II and a hung jury on Count III. The trial court found there were aggravating circumstances and sentenced defendant to forty years imprisonment on the criminal deviate conduct. After the sentencing, the state made a motion to dismiss Counts I and III and this motion was granted." 414 N.E.2d 301 at 804 .”
1 later decision quote this exact passagee.g. Murphy v. State
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.