Sherman v. State’s Empirical Analysis
1996
Citation profile
45 state decisions
How this case has been cited
Cited by 45 later decisions — most recently December 2025 · most notably Vanderpool v. Fidelity & Casualty Insurance (1997), Rowbottom v. State (2000)
45 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 · Brown v. Ohio · Abney v. United States · Plyler v. Doe · Dowling v. United States
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The rule that an appeal divests the trial court of jurisdiction applies only to matters necessarily or direcdy involved in the matter under review. It does not stay further proceedings with respect to rights not passed on or affected by the judgment or decree from which the appeal is taken. Matters which are independent of, or collateral or supplemental, are left within the jurisdiction and control of the trial court.”
2 later decisions quote this exact passage“[T] he justice of the peace, although possessed of jurisdiction to try the accused for assault and battery, was without jurisdiction to try him for homicide; and, of course, the jeopardy incident to the trial before the justice did not extend to an offense beyond his jurisdiction. All that could be claimed for that jeopardy was that it protected the accused from being again prosecuted for the assault and battery, and therefore required that the latter be not treated as included, as a lesser offense, in the charge of homicide. ... It follows that the plea of former jeopardy disclosed no obstacle to the prosecution for homicide.”
1 later decision quote this exact passage · from the majority“The United States Supreme Court has stated that legislatures are free under the Double Jeopardy Clause to define crimes and fix punishments, but that courts may not impose more than one punishment for the same offense. Brown v. Ohio, 432 U.S. 161 (1977). That Court has further stated that, “Because the substantive power to prescribe crimes and determine punishments is vested with the legislature, ..., the question under the Double Jeopardy Clause whether punishments are multiple is essentially one of legislative intent.” Ohio v. Johnson, 467 U.S. 493, 499 (1984).”
1 later decision quote this exact passage · from the majoritye.g. Rowbottom 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.