Gianiny v. State’s Empirical Analysis
1990
Citation profile
84 state decisions
How this case has been cited
Cited by 85 later decisions — most recently April 2020 · most notably State v. Lancaster (1993), Ware v. State (2000)
84 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 Boykin v. Alabama · Blockburger v. United States · Ashe v. Swenson · Benton v. Maryland · 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 85 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[WJhere 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.”
5 later decisions quote this exact passage“be subject for the same offense to be twice put in jeopardy of life or limb.”
3 later decisions quote this exact passage“At what point along the continuum between indictment and trial and conviction for the lesser charge the additional facts necessary to sustain the greater charge must have occurred or been discovered in order for the prosecution of the greater charge to be barred by conviction of the lesser is not firmly established. Justice Brennan’s concurring opinion in Ashe v. Swenson, 397 U.S. 436 , 453 n. 7 [ 90 S.Ct. 1189 , 1199 n. 7, 25 L.Ed.2d 469 ] (1970), suggests that if a crime is not completed or not discovered, despite diligence on the part of the police “until after the commencement of a prosecution for other crimes arising from the same transaction, an exception to the same transaction rule should be made to permit a separate prosecution.” In Blackledge v. Perry, 417 U.S. 21 [ 94 S.Ct. 2098 , 40 L.Ed.2d 628 ] (1974), the Court referred to Diaz as a case in which it was impossible to charge the defendant with a more serious crime “at the outset.” The dissenting opinion of Justice Stevens in Garrett v. United States, 471 U.S. 773 [ 105 S.Ct. 2407 , 85 L.Ed.2d 764 ] (1985), suggests that “at the outset” may be at time of indictment for the lesser offense.”
2 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.