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← 443 NE2D 859 - State v. Burke

State v. Burke’s Empirical Analysis

1983

Citation profile

9
cited by 9 later decisions
1
states following
July 2002
most recently cited

9 state decisions

How this case has been cited

Cited by 9 later decisions — most recently July 2002

9 state decisions

40198319902000decided

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 Blockburger v. United States · Elmore v. State · Washington v. State · State v. Finn · 182 Ind. App. 473 - Snodgrass 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"(a) A prosecution is barred if all of the following exist: , (1) There was a former prosecution of the defendant for a different offense or for the same offense based on different facts. (2) The former prosecution resulted in an acquittal or a conviction of the defendant. ... (8) The instant prosecution is for an offense with which the defendant should have been charged in the former prosecution."”
    6 later decisions quote this exact passage
  2. “"(c) A defendant who has been tried for one (1) offense may thereafter move to dismiss an indictment or information for an offense which could have been joined for trial with the prior offenses under section 9 of this chapter. The motion to dismiss shall be made prior to the second trial, and shall be granted if the prosecution is barred by reason of the former prosecution."”
    4 later decisions quote this exact passage
  3. “When a defendant has been charged with two (2) or more offenses in two (2) or more indictments or informations and the offenses could have been joined in the same indictment or information under section (9)(a)(2) of this chapter [which authorizes joinder when the offenses are based on the same conduct or on a series of acts connected together or constituting parts of a single scheme or plan], the court, upon motion of the defendant or the prosecuting attorney, or on its own motion, shall join for trial all of such indictments or informa-tions ...”
    1 later decision 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.