563 So. 2d 9 - Harris v. State’s Empirical Analysis
1989
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently December 2015
19 state decisions
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 Local 408, International Brotherhood of Teamsters v. National Labor Relations Board · Hudson v. Palmer · Minnesota State Board for Community Colleges v. Knight · United States v. Kinsley · 547 So. 2d 68 - Ex Parte Brannon
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.
“'Harris was charged in a four-count indictment with four separate violations of § 13A-12-192 (b). Count one alleged the possession of a pornographic magazine. Counts two, three, and four each involved the possession of a different video cassette tape. Harris contends that he should have been convicted and sentenced for only one offense, because the magazine and cassette tapes were seized from his residence on the same occasion. We recognize that this argument may have considerable merit. See United States v. Meyer , 602 F. Supp. 1480 , 1480-81 (S.D.Cal. 1985) (the appropriate union of prosecution for offenses of transportation of material involving sexual exploitation of children and importation of obscene material, arising from defendant's transporting several photographs in one binder, was one count for each offense, rather than one count for each photograph for each offense); Braunstein v. Frawley , 64 A.D.2d 772 , 407 N.Y.S.2d 250 , 253 (1978) ("[t]the promotion or possession of more than one item at the same time and on the same date constitutes one crime, and cannot be split into as many crimes as there are items”
2 later decisions quote this exact passage“`motion to dismiss the indictment as being multiplicitous, or in the alternative, motion to compel an election by the State as to the count it intends to prosecute.'”
2 later decisions quote this exact passage“A reviewing court cannot predicate error on matters not shown by the record. . . . Indeed, a silent record supports a judgment.”
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.