McGaughey v. State’s Empirical Analysis

Citation profile

7 state decisions

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

1. “McGaughey argues her Fifth Amendment protection against double jeopardy has been violated because she was found guilty of two offenses: battery with a deadly weapon and battery resulting in serious bodily injury. Ind. Code 35-42-2-1(3) was the basis for the two counts of battery, This section provides: A person who knowingly or intentionally touches another person in a rude, insolent, or angry manner commits battery, a class B misdemeanor. However, the offense is: (3) A class C felony if it results in serious bodily injury to any other person or if it is by means of a deadly weapon. We are of the opinion that the statute defines but one offense, with subsection 3 stating two alternative factual situations which, if proven, raise the level of the offense from a class B misdemeanor to a class C felony. The elements of the'basic offense are: (1) knowingly or intentionally (2) touching another person (3) in a rude, insolent or angry manner. More severe punishment is provided when there are additional elements present.,.. ' The class C felony, has the three basic elements plus 'either ‘serious bodily, injury* or commission by means of a ‘deadly weapon’. “Commentary,” West’s A.I.C. 35-42-2-1, at 300. Here, there was one beating, at one place, .at. one time inflicted, upon one victim, there, but one crime was committed.”

   1 later decision quote this exact passage
   e.g. Joshua Thompson v. State of Indiana