69 Ill. 2d 44 - People v. Gray’s Empirical Analysis
1977
Citation profile
3 district · 92 state decisions
How this case has been cited
Cited by 95 later decisions — most recently September 1995 · most notably 91 Ill. 2d 164 - People v. Donaldson (1982), 157 Ill. 2d 138 - People v. Levin (1993)
3 district · 92 state decisions — followed in 11 states
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 Blockburger v. United States · North Carolina v. Pearce · Ashe v. Swenson · Benton v. Maryland · Brown v. Ohio
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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The established test for determining whether two offenses are sufficiently distinguishable to permit the imposition of cumulative punishment was stated in Blockburger v. United States, 284 U.S. 299, 304 [ 52 S.Ct. 180 , 76 L.Ed. 306 ] (1932): "`The applicable rule is that where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not....' "This test emphasizes the elements of the two crimes. `If each requires proof of a fact that the other does not, the Blockburger test is satisfied, notwithstanding a substantial overlap in the proof offered to establish the crimes....' Iannelli v. United States, 420 U.S. 770 , 785 n. 17 [ 95 S.Ct. 1284 , 43 L.Ed.2d 616 ] (1975)." Brown v. Ohio, 432 U.S. 161, 166 , 97 S.Ct. 2221 , 53 L.Ed.2d 187 (1977).”
4 later decisions quote this exact passage · from the majority“[t]he necessity of criminal contempt as a tool for deterring abuse of the judiciary demands that a judge not be required to consider the consequences of foreclosing subsequent criminal prosecutions.”
2 later decisions quote this exact passage · from the dissent““To subject a person to multiple successive prosecutions because of differences in detail in proofs undermines the fundamental basis of the double jeopardy ban. Considerations of fairness and finality, the very foundation of the double jeopardy bar, require a nontechnical evaluation of the ‘same evidence’ test, and a focus upon the similarity of the elements involved in the two-proceedings.” (People v. Gray (1977), 69 Ill. 2d 44, 51 , 370 N.E.2d 797, 800 , cert. denied (1978), 435 U.S. 1013 , 56 L. Ed. 2d 395 , 98 S. Ct. 1887 .)”
1 later decision quote this exact passage · from the majority
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.