Loving v. State’s Empirical Analysis
2013
Citation profile
18
cited by 18 later decisions
3
states following
February 2019
most recently cited
18 state decisions
Relationships
Relies on Blockburger v. United States · Missouri v. Hunter · Sanabria v. United States · Hall v. State · Bigon 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Both parties' arguments are predicated on the assumption that the proper analysis includes the application of the Blockburger test . . . . However, we employ that analysis only when the charged conduct involves multiple offenses in different statutory provisions that are the result of a single course of conduct.”
2 later decisions quote this exact passage · from the majority“In Loving , we explained, “indecency with a child by exposure and by contact protect children from different potential harms.” In this regard, the relationship of “exposure” to “contact” within our indecency with a child statute is similar to the relationship between different kinds of contact involving different parts of the body within that same statute, ie., anus, breast, or genitals. As we explained in Loving , “because the subsection prohibits the commission of any one of those acts, each act is a separate offense,” and as such, a discrete allowable unit of prosecution.”
1 later decision quote this exact passage · from the concurrence“If the focus of the offense is the result— that is, the offense is a “result of conduct” crime — then different types of results are considered to be separate offenses, but different types of conduct are not. On the other hand, if the focus of the offense is the conduct — that is, the offense is a “nature of conduct” crime — then different types of conduct are considered to be separate offenses.”
1 later decision quote this exact passage · from the majority
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.