State v. Gellis’s Empirical Analysis
1979
Citation profile
9 state decisions
How this case has been cited
Cited by 9 later decisions — most recently May 2016
9 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 243 So. 2d 587 - State v. Davis · State v. Giesy · 293 So. 2d 114 - Camp v. State · Balikes v. Speleos · Balikes v. Speleos
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The law is well-settled in Florida that the state is not barred from re-filing an information on the ground that the identical information has previously been dismissed under Fla. R.Crim. P, 3.190(c)(4). The doctrines of double jeopardy, collateral estoppel and res ju-dicata, whether considered individually or collectively, cannot, under these circumstances, bar the state from re-filing the identical information. The doctrine of res judicata applies only where, upon the re-filing of said information, the trial court is confronted with the identical motion to dismiss together with the identical traverse or demurrer, or lack thereof, as the court was previously confronted with when it dismissed the first information. Then, and only then, the court would be compelled to dismiss the second information on res judicata grounds as the identical issue had previously been litigated between the parties in the defendant’s favor. The latter did not occur in this cause, and, accordingly, the instant information was not subject to dismissal.”
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.