State v. Schovanec’s Empirical Analysis
2017
Citation profile
34 state decisions
Relationships
Relies on Blockburger v. United States · State v. Golding · Alexander v. United States · McKesson Corp. v. Division of Alcoholic Beverages & Tobacco · Workers' Compensation Insurers Rating Ass'n v. Austin Products Co.
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]raditionally ... have applied the Blockburger 4 test to determine whether two statutes criminalize the same offense, thus placing a defendant prosecuted under both statutes in double jeopardy: [W]here 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 a fact which the other does not.”
4 later decisions quote this exact passage“'it must be determined whether the charged crimes are the same offense.'”
3 later decisions quote this exact passage“it is not uncommon that we look to the evidence at trial and to the state's theory of the case”
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.