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← 650 NE2D 702 - State v. Messenger

State v. Messenger’s Empirical Analysis

1995

Citation profile

4
cited by 4 later decisions
1
states following
August 2013
most recently cited

4 state decisions

How this case has been cited

Cited by 4 later decisions — most recently August 2013

4 state decisions

20199520002010decided

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 Lewis v. United States · Johnson v. State · Jaske v. State · Abron v. State · Smith v. State

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

  1. “Although the [trial court’s] order [vacating Messenger’s conviction for OWI with a prior] is dated August 13, 1993, we do not interpret it as a judgment of conviction for a new charge as of that date. Rather, Messenger was convicted of the predicate offense of OWI as a Class A misdemeanor on April 19,1991. Only the enhanced portion of the offense was set aside on August 13, 1993. Because Messenger’s 1991 conviction of OWI was not affected by the [trial court’s] order, Messenger had a prior conviction of OWI when the State filed the instant charges.”
    1 later decision quote this exact passage
  2. “In the habitual offender context, once a defendant has been adjudicated an habitual offender, he does not receive a separate sentence for that status. Rather, the felony for which the defendant is convicted is enhanced by a number of years. [Citations omitted.] A defendant’s successful challenge to the habitual offender determination does.not affect the predicate offense. Rather, the enhancement is vacated but the underlying charge remains undisturbed.”
    1 later decision quote this exact passage
  3. “An enhanced conviction of OWI With a Prior cannot stand where the predicate offense has been vacated.”
    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.