State v. Best’s Empirical Analysis

Citation profile

101 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 101 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The applicable rule under the Fifth Amendment is that where 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. A single act may be an offense against two statutes, and if each statute requires proof of an additional fact which the other does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other.””

   6 later decisions quote this exact passage
   e.g. 112 Ohio App. 3d 621 - State v. Wood · State v. Ikner

2. “(2) that the same person was in jeopardy on the first prosecution;”

   6 later decisions quote this exact passage
   e.g. 51 Ohio App. 2d 31 - State v. Nelson · 70 Ohio App. 3d 338 - State v. Strange

3. “[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. A single act may be an offense against two statutes, and if each statute requires proof of an additional fact which the other does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other.”

   5 later decisions quote this exact passage
   e.g. State v. Norris, Unpublished Decision (9-27-2007) · State v. Agostini