Scrougham v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “in the robbery charge. We disagree. While the possession of a handgun is a required element of both crimes, one of the crimes requires an element or fact which the other does not. 1 We also note that the crimes, as they are set forth in the Information, closely parallel the language of the pertinent criminal statutes, and each requires proof which the other does not. Accordingly, the crime in question is not an”

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

2. “This test emphasizes the elements of the two crimes. 'If each requires proof of a fact that the other does not, the Block-burger test is satisfied, notwithstanding a substantial overlap in the proof offered to establish the crimes ...' [Citations omitted.]”

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

3. “The focus of a proper double jeopardy analysis must be on whether or not the offenses to be prosecuted and punished are the same, not whether the offenses spring from the same act or operative circumstances.”

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