Winn v. State’s Empirical Analysis

Citation profile

27 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) was the defendant misled by the variance in the evidence from the allegations and specifications in the charge in the preparation and maintenance of his defense, and was he harmed or prejudiced thereby; (2) will the defendant be protected in [a] future criminal proceeding covering the same event, facts, and evidence against double jeopardy?”

   4 later decisions quote this exact passage
   e.g. Byron Smith v. State of Indiana (mem. dec.) · Broude v. State

2. “[a] charging information must allege the elements of the crime such that the accused is sufficiently apprised of the nature of the charges against him so that he may anticipate the proof and prepare a defense in advance of trial.”

   2 later decisions quote this exact passage
   e.g. Byron Smith v. State of Indiana (mem. dec.) · Zitlaw v. State

3. “to an additional fixed term that is not less than the presumptive sentence for the underlying offense nor more than three (8) times the presumptive sentence for the underlying offense.”

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