Drake v. State’s Empirical Analysis

Citation profile

52 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Two or more offenses may be joined in a single indictment, information or complaint, with each offense stated in a separate count, if the offenses arise out of the same criminal episode, as defined in Chapter 3 of the Penal Code.”

   5 later decisions quote this exact passage
   e.g. Holcomb v. State · Fortune v. State

2. “In this chapter, “criminal episode” means the repeated commission of any one offense defined in Title 7 of this code (Offenses Against Property).”

   3 later decisions quote this exact passage · from the majority
   e.g. Billings v. State · Sifford v. State

3. ““Where the appellant makes no protest at being convicted for more than one felony under the same indictment [citation omitted] this court would not feel called upon to raise the question on its own motion. But such procedure is so fundamentally erroneous that it calls for review when raised at almost any time. After verdict the court’s attention was called to the matter by motion denom- mated one in arrest of judgment.... Upon the motion being overruled the complaint was again presented in the motion for new trial. That error has been committed which demands reversal there can be no doubt.””

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