Games v. State’s Empirical Analysis

Citation profile

72 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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In presenting the general claim that his sentences violate the double jeopardy provisions of the Indiana and United States Constitutions, the defendant cites both constitutions. However, the defendant does not provide Indiana authority, and we find none from this Court, establishing an independent state double jeopardy protection based upon an analysis of the Indiana Constitution. Of the cases cited by the defendant in support of his double jeopardy argument, only Bevill v. State, 472 N.E.2d 1247 (Ind.1985) [also cited by Thorpe here] mentions the Indiana Constitution. However, the mention in Bevill is only a recitation of the defendant’s claim that it violated the Indiana Constitution. Bevill resolves the claim utilizing an analysis based upon the federal provision. The defendant presents no argument urging that the Indiana Constitution provides double jeopardy protections different from those under the federal constitution. Because the defendant fails to present an argument based upon a separate analysis of the Indiana Constitution, “we will only analyze this under federal double jeopardy standards.’ Gregory-Bey v. State, 669 N.E.2d 154 , 157 n. 8 (Ind.1996).””

   5 later decisions quote this exact passage · from the concurrence
   e.g. Taylor v. State · Spurlock v. State

2. “"[W]e look only to the statutory elements of the offenses, not to the charging information, the jury instructions outlining the elements of the crime, or the underlying proof needed to establish the elements." Games, supra, 684 N.E.2d at 477.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. McCurry v. State · Moore v. State

3. “First, we require the defendant or petitioner to show that, in light of all the circumstances, the identified acts or omissions of counsel were outside the wide range of professionally competent assistance. This showing is made by demonstrating that counsel’s performance was unreasonable under prevailing professional norms. -Second, we require the defendant or petitioner to show adverse prejudice as a result of the deficient performance.... A petitioner claiming ineffective assistance of appellate counsel or ineffective assistance of trial counsel must show both deficient performance and resulting prejudice. The failure to establish either prong will cause the claim to fail. And where the claim is that appellate counsel was ineffective for failing to claim on direct appeal the ineffective assistance of trial counsel, the petitioner must establish both deficient performance and resulting prejudice on the part of both trial counsel and appellate counsel. Conversely, the failure to establish either prong with respect to either trial or appellate counsel will cause the entire claim to fail.”

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