Durham v. State’s Empirical Analysis

Citation profile

2 federal appellate · 10 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[blecause the habitual offender statute does not create new or separate offenses and the habitual offender proceeding does not deal with the underlying facts on the substantive charge, the use of prior convictions at more than one habitual offender proceeding does not constitute double jeopardy.”

   2 later decisions quote this exact passage
   e.g. Denton v. State · Denton v. Duckworth

2. ““ ‘The death penalty is the most extreme penalty authorized by law and for that reason alone warrants unique treatment. It can only be applied within the specific facts of a particular case. The habitual offender status, however, is a continuing status of a particular defendant as long as he has two or more felony convictions on his record. The state may use this status any time the defendant commits a further crime and a jury’s determination that a defendant is not a habitual offender during a particular trial is not an “acquittal” of that defendant’s status as a habitual offender.’ [Citation.] *** [The death penalty proceeding in Bullington] ‘involved a consideration of the particular facts underlying the substantive offense ***. Because the habitual offender statute does not create new or separate offenses and the habitual offender proceeding does not deal with the underlying facts on the substantive charge, the use of prior convictions at more than one habitual offender proceeding does not constitute double jeopardy.’ [Citations.]” (Denton, 873 F.2d at 147 , quoting Durham v. State (Ind. 1984), 464 N.E.2d 321, 324, 325 .) 3”

   1 later decision quote this exact passage
   e.g. 202 Ill. App. 3d 164 - People v. Brooks

3. “It is clear that the habitual offender charge in the instant case is based upon the fact of two prior felony convictions. The action of the trial court at the previous habitual offender trial did not operate to "acquit" defendant of the two prior felony convictions. Its action involved only the sentencing to be imposed upon the 1977 rape charge and a determination of defendant's status as an habitual offender based upon the evidence presented at that time. It is clear that there is nothing to prevent the state from alleging the fact of the prior felony convictions again at the instant trial since those two prior convictions do still exist.”

   1 later decision quote this exact passage
   e.g. Perkins v. State