Ex Parte Hawkins’s Empirical Analysis

Citation profile

58 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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[O]nce [the Legislature] has defined a statutory offense by its prescription of the 'allowable unit of prosecution,' that prescription determines the scope of protection afforded by a prior conviction or acquittal.”

   3 later decisions quote this exact passage · from the majority
   e.g. Harris, Owen Thomas · State v. Donaldson

2. “The Double Jeopardy Clause is offended if a defendant is successively prosecuted for the same offense. The legislature defines whether offenses are the same. It does so by prescribing the "allowable unit of prose cution,” which is "a distinguishable discrete act that is a separate violation of the statute."”

   2 later decisions quote this exact passage · from the majority
   e.g. Lancaster v. State · Montgomery v. State

3. “[I]n Texas the allowable unit of prosecution for an assaultive offense is each victim.”). See also Tex. Penal Code § 22.04(a)(3) (”

   2 later decisions quote this exact passage · from the majority
   e.g. Ex Parte Taylor · Williams, James Earl