513 So. 2d 102 - McClendon v. State’s Empirical Analysis

Citation profile

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

1. ““[t]he Blockburger test is not a constitutional component of the Fifth Amendment Double Jeopardy Clause, Missouri v. Hunter, 459 U.S. [359] at 368, 103 S.Ct. [673] at 678 [ (1983) ], but is merely a ‘ “rule of statutory construction”, and because it serves as a means of discerning congressional purpose the rule should not be controlling where, for example, there is a clear indication of contrary legislative intent.’ Missouri v. Hunter, 459 U.S. at 367, 103 S.Ct. at 679 (quoting Albernaz v. United States, 450 U.S. at 340, 101 S.Ct. at 1143 (emphasis added by the Missouri v. Hunter Court)).””

   2 later decisions quote this exact passage
   e.g. Felder v. State · 93 So. 3d 155 - Wells v. State

2. ““ ‘In Vogel , the result was dictated by the legislature’s failure to explicitly state the unit of the offense; by the violation of a single provision of a statute which imposes no differentiating sentence; and by the consequence that elements of proof would have been the same had the conduct of possession been fragmented to form the basis of a separate charge.’ Sears v. State, 479 So.2d at 1313 . “As it applies to the facts of the case before us, Section 20-2-70(a) does state the unit of the offense, impose a differentiating sentence, and require different elements of proof for the offense of possession of marijuana for personal use. The proviso that ‘any person who possesses any marihuana for his personal use only is guilty of a misdemeanor and, upon conviction for the offense, shall be imprisoned in the county jail for not more than one year, and in addition, shall be fined not more than $1,000.00,’ clearly evidences a legislative intent to (1) limit the ‘unit of the offense’ to possession of marijuana which is for personal use only, (2) impose a different sentence from that provided for felony possession of other controlled substances, see Palmer v. State, supra, and (3) allow the defense of ‘personal use,’ whose elements of proof are unlike those of any other offense described in § 20-2-70(a). The misdemeanor offense outlined in the statute is clearly directed to a ‘separate evil’ from the felony offenses described in § 20-2-70(a). Compare Ball v. United States [ 470 U.S”

   1 later decision quote this exact passage
   e.g. 93 So. 3d 155 - Wells v. State

3. “`test is symmetrical. It is satisfied only if each offense requires proof of elements not required by the other offense(s).'”

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