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← 417 P.3d 1141 - State v. Branch

State v. Branch’s Empirical Analysis

2018

Citation profile

8
cited by 8 later decisions
1
states following
May 2021
most recently cited

7 state decisions

Relationships

Applies 5 U.S.C. § 552A (§ 3 of the Privacy Act of 1974)

Relies on Blockburger v. United States · Swafford v. State · State v. Manus · State v. Osborne · State v. Benally

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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “When, as here, the statutes themselves do not expressly provide for multiple punishments, we begin by applying the rule of statutory construction from Blockburger v. United States , 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932), to determine whether each provision requires proof of a fact that the other does not.”
    1 later decision quote this exact passage · from the dissent
  2. “we no longer apply a strict elements test in the abstract; rather, we look to the state's trial theory to identify the specific criminal cause of action for which the defendant was convicted, filling in the case-specific meaning of generic terms in the statute when necessary.”
    1 later decision quote this exact passage · from the dissent

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.