679 So. 2d 380 - State v. Smith’s Empirical Analysis

Citation profile

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

1. “test, separate prosecution of each is jeopardy barred. That is the very heart of double jeopardy protection. However, if both offenses are prosecuted in a single trial, the two tests serve only as a first step in the jeopardy inquiry, by raising a rebuttable presumption against cumulative punishment. The second step, fashioned in Whalen , is determining whether a”

   1 later decision quote this exact passage · from the concurrence
   e.g. 713 So. 2d 588 - State v. Bailey

2. “In the single trial context, the Double Jeopardy Clause serves only to constrain the sentencing court to punishing according to legislative intent.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 824 So. 2d 344 - State v. Allen

3. “under either the Blockburger test or the”

   1 later decision quote this exact passage · from the concurrence
   e.g. 713 So. 2d 588 - State v. Bailey